UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


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THE  CAPITAL  SUPPLY  COMPANY, 

PIERRE,  SOUTH  DAKOTA 

Is  the  headquarters  for  all  kinds  of  supplies  need- 
ed by  schools.  If  in  need  of  anything  for  your 
schools  write  them  for  quotations. 

The  following  are  some  of  the  items  that  your 
district  may  need  and  which  are  carried  in  stock 
in  the  latest  approved  forms: 

The  Capital  Teachers'  Register — new  form.$  1.10 

Clerks'  Record  Book 3.00 

Treasurers'  Record  Book 3. 00 

Clerks'  Bond  Record 1.00 

Clerks'  Warrant  Book 1.00 

Library  Record 1.00 

Free  Text  Book  Record,  48-page  book 1.25 

96-page  book 2.25 

144-page  book 3.00 

Write  for  special  circulars  on  blackboards, 
pupils'  and  teachers'  desks,  maps  and  general 
school  supplies,  stating  your  needs. 

Address 
THE  CAPITAL  SUPPLY  COMPANY, 

PIERRE,  SOUTH  DAKOTA 
SIOUX  CITY,  IOWA 


"Everything   for   Schools" 


5ontk    DJ 


THE 


SCHOOL  LAWS 


OF 


South  Dakota 


ANNOTATED  EDITION 


1919 


Published  By 

THE  CAPITAL  SUPPLY  COMPANY 

Educational  Publishers 

Pierre,  S.  D.,  and  Sioux  City,  la. 


SD45s 


^ 

* 


Chapter  1. 
Chapter  2. 
Chapter  3. 
Chapter  4. 
Chapter  5. 
Chapter  6. 
Chapter  7. 
Chapter  8. 
Chapter  9. 
Chapter  10. 
Chapter  11. 
Chapter  12. 
Chapter  13. 


PART  13. 

EDUCATION 

State    Supervision. 
County   Supervision. 
Common    School    Corporations. 
Independent    School    Districts. 
Consolidated    Districts. 
Township    High    Schools. 
School    Census. 
School  Bonds. 
School   Buildings. 
Text  Books. 
Compulsory   Education. 
Teachers   Reference   Bureau. 
Miscellaneous  Provisions. 


§   7385. 
§   7386. 


CHAPTER   1. 
STATE  SUPERVISION 


Article  1.  Superintendent    of   Public    Instruction. 

Article  2.  Teachers   Certificates. 

Article  3.  State   Board   of  Education. 

Article  4.  Reading  Circle  Board. 


ARTICLE   1. 
SUPERINTENDENT    OF    PUBLIC    INSTRUCTION 


General    Supervision 
Duties. 


§    7387.     Powers. 

§   7388.     Office,    Files. 


§  7385.  General  Supervision.  The  superintendent  of  public  in- 
struction shall  have  general  supervision  of  all  public  school  and  of  county 
superintendents  of  schools  and  superintendents  of  schools  in  independent 
districts. 

Source:      §   1,    Ch.    135,    1907. 

§  7386..  Duties.  It  shall  be  the  duty  of  the  superintendent  of  public 
instruction: 

1.  To  meet  the  county  superintendents  in  convention  at  least  once 
each  year,  at  some  suitable  point  chosen  by  him,  and  endeavor  through 
discussion  and  explanation  to  secure  and  maintain  a  uniform  and  efficient 
administration  of  the  school  laws. 

2.  To  inspect  all  high  schools,  either  in  person  or  through  an  assist- 
ant, and  in  his  discretion  to  credit  them  to  higher  institutions  of  learning. 

3.  To  render  a  written  opinion  touching  the  construction  or  admin- 
istration of  the  school  law  to  any  county  superintendent  demanding  it,  and 
to  determine  all  cases  relating  to  the  revocation  of  certificates  by  county 
superintendents  that  shall  be  appealed  to  him. 


306242 


4.  To  determine  the  form  of  all  blanks  used  in  transacting  the 
business  of  the  public  schools,  and  to  furnish  such  blanks  as  may  be  re- 
quired for  conducting  business  between  his  department  and  county  su- 
perintendents  and   superintendents   in   independent 'districts. 

5.  To  submit  a  biennial  report  to  the  governor,  showing  in  condensed 
form  the  condition  and  needs  of  the  public  schools  and  the  working  of  the 
educational  system  throughout  the  state.  Such  report  shall  be  made  and 
filed  in  duplicate  on  the  first  day  of  July,  or  as  soon  thereafter  as  possible, 
and  not  later  than  the  first  day  of  November  preceding  the  regular  ses- 
sion  of  the   legislature. 

6.  To  attend  teachers'  normal  institutes  in  the  several  counties  of 
the  state  so  far  as  is  consistent  with  his  other  duties,  to  assist,  by  all 
means  in  his  power,  the  county  superintendents  in  the  work  of  the  county 
normal  institutes  and  to  prescribe  rules  and  regulations  for  holding  such 
institutes.  He  may,  if  he  deems  proper,  employ  lecturers  and  instructors 
to  assist  in  the  work  of  the  county  normal  institutes,  who  may  be  paid 
from  the  moneys  in  the  State  Institute  Fund. 

Source:     Chap.    175,   S.  L.   1919, 

7.  To  prescribe  the  qualifications  for  institute  conductors  and  shall 
on  or  before  the  first  day  of  March  prepare  a  list  of  the  same  from  which 
list  county  superintendents  shall  engage  conductors  for  their  several  insti- 
tutes.    He  may  also  prescribe  qualifications  for  other  institute  instructors. 

Source:     Chap.   175,   S.  L..   1919, 

8.  To  call  a  meeting  of  county  institute  conductors  on  or  before  the 
first  day  of  May  of  each  year  for  the  purpose  of  discussing  methods  rela- 
tive to   teaching  and   of  outlining  plans  for  institute   work. 

Source:     Chap.    175,    S.    L.    1919. 

9.  To  hold,  at  least  twice  each  year,  at  such  times  and  places  as  he 
shall  select  with  a  view  to  the  accommodation  of  the  applicants,  a  public 
examination  of  persons  applying  for  state  certificates  or  life  diplomas. 

10.  To  prepare  all  questions  for  the  examination  of  teachers  by  the 
county  superintendents,  which  shall  be  used  exclusively  in  all  examinations. 

11.  To  keep  a  full  record  of  all  certificates  issued  by  him  and  file  in 
his  office  and  preserve  all  papers  relating  thereto  for  the  period  for  which 
such  certificates  are  respectively  issued. 

Source:      §§    2-12,    Ch.    135,    107;    §    1,        Ch.    291. 
Ch.    140,    1909;    §    1,   Ch.    290,    1909;    §    12, 

§  7387.  Powers.  The  superintendent  of  public  instruction  shall 
have  power: 

1.  To  appoint  a  deputy  who  shall  perform  such  duties  pertaining  to 
the  office  as  the  superintendent  may  direct. 

§  7388.  Office,  Files.  The  superintendent  of  public  instruction  shall 
have  an  office  at  the  seat  of  government,  provided  by  the  state,  in  which 
he  shall  file  all  papers,  reports  and  public  documents  transmitted  to  him 
by  the  county  superintendents  and  hold  the  same  subject  to  inspection  by 
the  governor  or  legislature,  and  keep  a  record  of  all  matters  pertaining  to 
his  office  and  carefully  preserve  and  catalogue  all  books  presented,  to  his 
office,  which  library  so  formed  shall  be  open  to  the  teachers  of  the  state 
for  reference  and  examination. 
Source:     §   18,    Chap.    135,    1907. 


ARTICLE    2. 
TEACHERS   CERTIFICATES 


§  1.  Life  Professional  Diploma.  Life  Diplomas,  State  Certifi- 
cates and  Vocational  Certificates.  The  Superintendent  of  Public  Instruc- 
tion may  issue  four  professional  certificates:  A  Life  Professional  Diploma, 
A  Life  Diploma,  A  State  Certificate,  and  a  Vocational  Certificate,  as  here- 
inafter  provided. 

He  shall,  semi-annually,  send  to  each  county  superintendent  a  list  of 
the  persons  to  whom  teachers'   certificates   are   issued. 

Provided  that  from  and  after  September  1st,  1921,  every  applicant 
for  Life  Diploma,  by  examination  or  otherwise,  must  present  evidence  of 
having  attended  an  approved  normal  school  or  educational  department  of 
an  approved  college   or  university  twenty-four   weeks   in   the   aggregate. 

Provided  further,  that  from  and  after  September  1st,  1920,  every 
applicant  for  State  Certificate,  by  examination  or  otherwise,  must  pre- 
sent evidence  of  having  attended  an  approved  normal  school  or  educa- 
tional department  of  an  approved  college  or  university  eighteen  weeks 
in    the    aggregate. 

Provided  further,  that  satisfactory  evidence  of  five  years  successful 
experience  as  teacher,  of  having  been  engaged  in  other  educational  work, 
an  equal  period  of  time,  may  be  accepted  by  the  Superintendent  of  Public 
Instruction  in  lieu  of  such  attendance  at  a  normal  school  or  approved 
college  or  university. 

Provided  further,  that  the  Superintendent  of  Public  Instruction  may 
issue  Vocational  Certificates  to  teachers  engaged  exclusively  in  teaching 
manual  training,  domestic  science,  agriculture,  music,  drawing,  commer- 
cial  subjects,   penmanship,   kindergarten   methods,    or   art. 

Provided  further,  that  the  conditions  upon  which  the  Vocational  Cer- 
tificates are  granted  shall  be  uniform  for  any  particular  subject  and  shall 
be  prescribed  and  published  by  the  Superintendent  of  Public  Instruction. 
Any  Vocational  Certificate  as  herein  provided,  shall  be  valid  in  any  school 
in  the  state  for  the  subjects  named  thereon,  and  no  other,  for  a  term  of 
five  years. 

§  2.  A  Life  Professional  Diploma  shall  be  valid  during  good 
behavior  and  shall  authorize  the  holder  thereof  to  teach  in  any  public 
school  in  the  State.  Applicants  for  this  diploma  shall  show  evidence  of 
graduation  from  the  State  University  of  South  Dakota  or  from  any  ap- 
proved University  or  College  having  a  regular  course  of  study  in  which 
at  least  four  (4)  years'  work  above  an  approved  four  years  high  school 
course  is  required.  Provided  that  such  applicants  shall  in  their  college 
course  have  pursued  a  course  of  pedagogical  studies  and  professional  train- 
ing comprising  at  least  one   fourth  work  during  at  least   eighteen  months. 

Applicants  for  this  diploma  must  show  satisfactory  evidence  of  at 
least  seventy-two  (72)  months  successful  experience  in  teaching,  thirty- 
six  (36)  months  of  which  must  have  been  within  the  State  of  South 
Dakota,   and  they  shall  also  show  evidence  of  good  moral   character. 

Provided  further,  that  the  Superintendent  of  Public  Instruction  may 
issue  to  applicants  who  meet  all  the  requirements  for  the  Life  Profes- 
sional Diploma,  but  who  lack  the  necessary  teaching  experience,  a  Pro- 
visional Diploma  for  such  probationary  period  as   may  be  necessary. 

Provided  further,  that  the  Superintendent  of  Public  Instruction  may 
prescribe  such  other  rules  and  regulations  regarding  the  issuance  of  this 
diploma  as  he  may  deem  necessary. 

§  3.  Life  Diploma.  A  Life  Diploma  shall  be  valid  during  good  be- 
havior and  shall  authorize  the  holder  thereof  to  teach  in  any  public  school 


of  the  state  in  grades  below  the  high  school  and  shall  also  authorize 
the  holder  to  teach  the  subjects  given  in  the  first  year  of  the  high  school 
course.  Applicants  shall,  by  examination  or  otherwise  show  satisfactory 
proficiency  in  the  following  branches:  reading,  orthography,  penmanship, 
arithmetic,  grammar  and  composition,  geography,  United  States  history, 
South  Dakota  history,  civics,  physiology  and  hygiene,  drawing  and  physical 
geography,  and  shall  pass  a  satisfactory  examination  in  the  following  sub- 
jects of  the  pre-college  grade:  physics,  algebra,  geometry,  general  history, 
English  and  American  literature;  and  in  addition  shall  pass  an  examination 
in  the  following  subjects  of  the  college  grade:  English  language  and  rhe- 
toric, pedagogy  including  principles,  methods,  management,  psychology, 
and  history  of  education,  either  economics  or  sociology,  and  any  two  of  the 
following:  botany,  zoology  physics,  physiology,  chemistry,  Latin,  French 
Spanish,  German,  geology  and  mineralogy,  astronomy,  algebra,  and  trigon- 
ometry. 

Provided,  further,  that  a  diploma  from  any  state  normal  school  hav- 
ing a  regular  course  of  study  in  which  at  least  two  years'  work  above  an 
approved  four  year  high  school  course  is  required,  or  from  any  other 
normal  school  or  educational  institution,  having  a  regular  course  of  study 
of  the  same  extent  and  similar  in  character  may  be  accepted  in  lieu  of  an 
examination    in   the   subjects    named. 

An  applicant  for  a  life  diploma  by  examination  or  otherwise  must  pre- 
sent evidence  of  at  least  forty  (40)  months'  successful  experience  in  teach- 
ing and  satisfactory  evidence  of  good  moral  character. 

An  applicant  for  a  life  diploma  upon  college,  normal  school,  or  other 
school  credentials  shall  present  a  certified  copy  of  his  diploma  accompa- 
nied by  a  certified  copy  of  the  course  of  study  pursued,  specifically  show- 
ing the  amount  of  class  work  in  each  subject,  together  with  the  standing 
in  each  branch. 

§  4.  State  Certificate.  A  State  Certificate  shall  authorize  the 
person  to  whom  it  is  issued  to  teach  in  any  of  the  public  school  of  the 
state  in  grades  below  the  high  school  and  shall  also  authorize  the  holder 
to  teach  the  subjects  given  in  the  first  year  of  the  high  school  course,  and 
such  Certificate  shall  be  valid  for  a  period  of  five  years.  Applicants  for 
such  State  Certificates  shall,  by  examination,  or  otherwise,  show  satisfactory 
proficiency  in  orthography,  reading,  penmanship,  arithmetic,  geography, 
English  Grammar,  physiology,  and  hygiene,  United  State  history  including 
South  Dakota  history,  and  shall  pass  a  satisfactory  examination  in  civil 
government  ,  American  literature,  drawing,  algebra,  plane  geometry,  physi- 
cal geography,  physics  or  botany,  general  history,  pedagogy  and  English 
language,  composition  and  rhetoric.  He  must  also  present  evidence  of 
twenty-four   months'   successful   experience  in   teaching. 

Provided,  that  a  diploma  from  any  state  normal  school  of  South  Da- 
kota, having  a  course  of  study  in  which  at  least  two  years'  work  above 
an  approved  four  year  high  school  course  is  required,  may  be  accepted 
in  lieu  of  an  examination  in  the  subjects  named. 

Provided  further,  that  a  diploma  from  any  other  school  having  a 
course  of  study  equivalent  in  extent  and  similar  in  character  may  be  ac- 
cepted in  lieu  of  an  examination  in    the  subjects  named. 

Provided  further,  that  applicant  for  the  State  Certificate,  upon  nor- 
mal or  other  school  credentials,  must  show  that  the  course  of  study  pur- 
sued therein  contained  a  course  of  at  least  eighteen  months  of  pedagogy 
and  professional  training  comprising  at  least  one-fourth  work  for  said 
time.  They  shall  present  their  credentials  to  the  Superintendent  of  Public 
Instruction  in  the  same  manner  as  is  provided  for  applicants  for  Life 
Diplomas.  An  applicant  who  presents  evidence  of  graduation  from  a  normal 
or  other  school  shall  also  present  evidence  of  eighteen  months  successful 
experience  in  teaching  before  being  entitled  to  said  certificate;  provided 
that  the  Superintendent  of  Public  Instruction  may  issue  to  such  applicant 


a  Provisional  Certificate  for  such  probationary  period.  Every  applicant 
for  State  Certificate  shall  submit  satisfactory  evidence  of  a  good  moral 
character. 

§  5.  Provided,  that  until  September  the  first,  1922  the  Super- 
intendent of  Public  Instruction  may  authorize  the  use  of  Life  Diploma  and 
State  Certificates  in  such  high  schools  as  he  may  designate. 

§  6.  First  Grade  Certificates.  A  First  Grade  Certificate  shall 
be  valid  for  not  to  exceed  three  years  in  any  county  of  the  state,  in  all 
branches  covered  by  such  certificate.  Applicants  for  certificates  of  this 
grade  shall  pass  an  examination  in  orthography,  reading  writing,  arithmetic, 
geography,  English  grammar,  physiology  and  hygiene,  with  special  reference 
to  the  effects  of  alcoholic  drinks,  stimulants  and  narcotics  upon  the  human 
system,  history  of  the  United  States,  civil  government,  current  events, 
American  literature,  South  Dakota  history,  drawing  and  didactics:  Pro- 
vided, that  a  diploma  from  any  state  normal  school  or  any  school  of 
South  Dakota  having  a  normal  department  approved  by  the  Superintend- 
ent of  Public  Instruction,  having  a  course  of  study  in  which  at  least  two 
years  work  beyond  the  first  two  years  in  an  approved  four  year  high 
school  course  is  required,  and  which  shall  include  professional  instruction 
and  practice  in  teaching  equal  to  one  class  hour  daily  for  two  years,  may 
be  accepted  by  the  Superintendent  of  Public  Instruction  in  lieu  of  an  exam- 
ination for  a  First  Grade  Certificate:  Provided,  further,  that  from  and 
after  the  first  day  of  September,  1920,  every  applicant  for  a  First  Grade 
Certificate,  by  examination  or  otherwise,  must  present  evidence  of  having 
attended  an  approved  normal  school  or  some  other  school  approved  by 
the  Superintendent  of  Public  Instruction  twelve  weeks  in  the  aggregate; 
except  that  satisfactory  evidence  of  three  years  successful  experience  as 
a  teacher,  or  having  been  engaged  in  other  educational  work  an  equal  period 
of  time,  may  be  accepted  by  the  Superintendent  of  Public  Instruction  in 
lieu  of  such  attendance  at  a  normal  school  or  approved  college  or  uni- 
versity. 

§  7.  Second  Grade  Certificates.  A  Second  Grade  Certificate 
shall  be  valid  for  not  to  exceed  two  years  in  all  grades  below  the  high 
school  in  the  county  in  which  the  examination  is  held,  and  may  similarly 
be  made  valid  in  any  county  by  the  indorsement  of  the  county  superin- 
tendent of  the  county.  Applicants  for  certificates  of  this  grade  shall  pass 
examination  in  orthography,  reading,  writing,  arithmetic,  physiology  and 
hygiene,  with  special  reference  to  the  effect  of  alcoholic  drinks,  stimulants 
and  narcotics  upon  the  human  system,  geography,  English  grammar,  his- 
tory of  the  United  States,  civil  government,  South  Dakota  history,  didac- 
tics and  drawing:  Provided,  that  a  diploma  from  any  slate  normal  school 
or  any  school  having  a  normal  department  approved  by  the  Superintend- 
ent of  Public  Instruction,  and  a  course  of  study  in  which  at  least  two 
years  work  beyond  the  approved  eighth  grade  course  in  the  public  schools 
of  South  Dakota  is  required,  and  which  shall  include  professional  instruc- 
tion and  practice  in  teaching  equal  to  one  hour  a  week  for  two  years,  may 
be  accepted  by  the  Superintendent  of  Public  Instruction  in  lieu  of  an 
examination  for  a  second  grade  certificate;  provided  further,  that  from 
and  after  the  first  day  of  September,  1920,  every  applicant  for  a  second 
grade  certificate,  by  examination  or  otherwise,  must  present  evidence  of 
having  attended  an  approved  normal  school,  or  some  other  school  having 
a  normal  department  approved  by  the  Superintendent  of  Public  Instruc- 
tion six  weeks  in  the  aggregate;  except  that  satisfactory  evidence  of  two 
years  successful  experience  as  a  teacher  may  be  accepted  by  the  Superin- 
tendent of  Public  Instruction  in  lieu  of  such  attendance  at  such  approved 
schools. 

Provided,  that  a  diploma  from  an  accredited  four  year  high  school 
maintaining  a  normal  department  approved  by  the  Superintendent  of 
Public  Instruction  and  a  course  of  study  in  which  shall  include  professional 


instruction  in  pedagogy,  including  methods,  principles  of  education,  and 
echool  management  and  practice  in  teaching,  may  be  accepted  in  lieu  of  an 
examination  for  a  second  grade  certificate. 

§  8.  Third  Grade  Certificates.  A  third  grade  certificate  valid 
for  not  to  exceed  one  year,  in  grades  below  the  high  school  only,  in  the 
county  where  issued  and  in  such  district  as  the  county  superintendent 
shall  designate  upon  its  face,  and  signed  by  the  Superintendent  of  Public 
Instruction  and  county  superintendent,  may  be  issued  in  the  discretion  of 
the  Superintendent  of  Public  Instruction  to  those  candidates  who  have 
failed  in  their  examination  to  measure  up  to  the  requirements  of  the 
department  for  the  second  grade  certificate.  No  teacher  shall  be  entitled 
to  receive  more  than  two  third  grade  certificates:  Provided,  that  from 
and  after  the  first  day  of  September,  1920,  every  applicant  for  a  third 
grade  certificate,  by  examination  or  otherwise,  must  present  evidence  of 
having  attended  an  approved  normal  school  or  some  other  school  having 
a  normal  department,  approved  by  the  Superintendent  of  Public  Instruc- 
tion, six  weeks  in  the  aggegate;  except,  that  satisfactory  evidence  of 
two  years  successful  experience  as  a  teacher  may  be  accepted  by  the 
Superintendent  of  Public  Instruction  in  lieu  of  attendance  at  such  ap- 
proved school. 

§  9.  Primary  Certificates.  A  primary  Teacher's  Certificate  shall 
authorize  the  holder  thereof  to  teach  in  kindergarten  and  first  and  sec- 
ond grades  only  in  cities  and  towns,  and  shall  be  issued  on  examination 
in  the  following  branches:  Reading,  writing,  orthography,  arithemtic, 
physiology  and  hygiene,  with  special  reference  to  the  effects  of  alcoholic 
drinks,  stimulants  and  narcotics  upon  the  human  system,  geography,  Eng- 
lish grammar,  history  of  the  United  States,  South  Dakota  history,  draw- 
ing, didactics,  and  in  questions  in  kindergarten  and  primary  methods. 
The  primary  teacher's  certificate  shall  be  valid  for  not  to  exceed  five  years 
in  the  county  where  issued  and  may  be  made  valid  in  other  counties  by 
the  indorsement  of  the  county  superintendent.  Provided,  that  from  and 
after  the  first  day  of  September,  1920,  every  applicant,  for  a  primary 
cerificate,  by  examination  or  otherwise,  must  present  evidence  of  having 
attended  an  approved  normal  school  eighteen  weeks  in  the  aggregate; 
except,  that  satisfactory  evidence  of  five  years  successful  experience  as  a 
teacher,  or  having  been  engaged  in  other  educational  work  an  equal  period 
of  time,  may  be  accepted  by  the  Superintendent  of  Public  Instruction  in 
lieu  of  such  attendance  at  an  approved  normal  school. 

§  10.  Required  Course  of  Study.  The  course  of  study  pursued 
by  every  applicant  for  a  first,  second,  third  or  primary  grade  certificate 
shall  include  all  the  branches  of  study  required  in  the  examination  for 
such  certificates. 

§  11.  Contents  of  Certificates.  Each  first,  second,  third,  and 
primary  grade  certificate  shall  certify  the  scholastic  and  professional  at- 
tainments, skill  in  teaching  and  moral  character  of  the  person  to  whom 
it  is  issued.  Written  answers  for  the  scholastic  examination  shall  be  read 
and  marked  under  the  direction  of  the  Superintendent  of  Public  Instruc- 
ton;  the  marking  for  the  professional  requirements  shall  be  given  by  the 
county  superintendent,  who  shall  also  be  the  judge  of  skill  in  teaching 
and  moral  character. 

§  12.  Regulations  for  Holding  Examination.  The  regulations 
for  holding  examinations  by  the  county  superintendent  in  each  county, 
and  the  required  standards  upon  which  the  various  certificates  shall  be 
issued,  shall  be  prescribed  by  the  Superintendent  of  Public  Instruction: 
Provided,  that  no  person  shall  be  entitled  to  a  certificate  of  any  grade 
who  has  not  attained  to  the  age  of  eighteen  years  and  who  does  not  pre- 
sent evidence  of  good  moral  character. 

§  13.  Time  of  Examination.  The  time  for  regular  examina- 
tions shall  be  uniform  throughout  the  state  and  the  examinations  shall  be 


conducted  by  the  county  superintendent  in  each  county,  or  by  persons 
appointed  by  him,  strictly  according  to  regulations  prescribed  by  the 
Superintendent  of  Public  Instruction.  An  affidavit  may  be  required  of 
such  examiner,  certifying  that  the  regulations  regarding  such  examina- 
tions have  been  fully  observed.  Such  public  notice  shall  be  given  of 
the  time,  place  and  regulations  governing  the  examination  as  the  Superin- 
tendent of  Public  Instruction  may  determine.  The  local  expense  for  the 
examinations  herein  provided  for  in  each  county  shall  be  paid  by  the 
county  in  which  such  examinations  are  held.  The  necessary  expenses  in- 
curred by  the  Superintendent  of  Public  Instruction  in  carrying  out  the 
provisions  of  this  chapter  shall  be  paid  from  the  appropriation  made  for 
the  maintenance   of   the   Department   of  Public    Instruction. 

§  14.  Teacher  Receive  Pay  During  Examination.  The  regular 
examinations  shall  be  public  and  the  teachers  desiring  to  take  the  same 
may  dismiss  their  schools  for  that  purpose  for  a  period  not  exceeding 
three  days   in  each  year,   without  loss   of  pay. 

§   15.      Teaching       Without       Certificate       Prohibited.  Except       in 

independent  districts  having  more  than  ten  thousand  population,  no  person 
shall  be  allowed  to  teach  in  any  of  the  public  schools  of  this  state  nor 
draw  wages  as  a  public  school  teacher  who  is  not  the  holder  of  a  valid 
teacher's  certificate  issued  pursuant  to  the  provisions   of  this  article. 

§  16.  Renewal  and  Validation  of  Certificates.  The  Superin- 
tendent of  Public  Instruction  may  renew  a  Vocational  Certificate,  A  State 
Certificate,  A  First  Grade  Certificate  and  a  Primary  Certificate  upon  the 
presentation  by  the  applicant  of  satisfactory  evidence  of  continued  and 
successful  experience  as  a  teacher  and  satisfactory  evidence  of  continued 
professional    interest   during   the   life    of    the    Certificate. 

Provided,  that  a  certificate  which  is  permitted  to  lapse  for  more 
than  one  year  shall  be  renewed  only  when  the  holder  has  complied  with 
such  requirements  as  shall  be  prescribed  by  the  Superintendent  of  Public 
Instruction  for  the  re-instatement  of  such  certificate. 

Provided  further,  that  a  certificate  shall  cease  to  be  in  force  when 
the  holder  has  ceased  to  teach  for  three  or  more  consecutive  years,  but 
that  this  provision  shall  not  apply  to  Life  Professional  Diplomas  and  Life 
Diplomas  when  the  holder  has  pursued  the  regular  course  of  Reading 
Circle  work  or  such  other  work  as  may  be  prescribed  by  the  Superintend- 
ent of  Public  Instruction. 

The  Superintendent  of  Public  Instruction  may  validate  certificates 
issued  by  other  state  departments  of  the  United  States  of  the  rank  of  the 
Life  Professional  Diploma,  Life  Diploma,  State  Certificate,  Vocational 
Certificate,  First  Grade,  Second  Grade  or  Primary  Certificate  in  this 
state,  provided  that  the  requirements  upon  which  they  are  issued  are 
equivalent  to  the  requirements  for  corresponding  certificates  in  South 
Dakota. 

§  17.  Revocation  of  Certificates.  The  Superintendent  of  Public 
Instruction  shall  have  power  to  revoke  any  certificate  of  any  grade  for 
any  cause  which  would  have  prevented  its  issue,  for  incompetency,  immor- 
ality, intemperance,  violation  of  the  state  law,  cruelty,  general  neglect  of 
the  business  of  the  school,  willful  violation  of  contract  or  for  conduct 
unbecoming   a  teacher. 

§  18.  Fees.  An  applicant  for  a  Life  Professional  Diploma,  or  a 
Life  Diploma  shall  pay  a  fee  of  ten  dollars  ($10.00)  and  similarly,  an  ap- 
plicant for  a  State  Certificate  or  a  Vocational  Certificate  shall  pay  a 
fee  of  five  dollars  ($5.00),  and  for  a  Provisional  Life  Professional  Diploma, 
or  Provisional  State  Certificate  shall  pay  a  fee  of  two  dollars,    ($2.00). 

The  fee  for  the  renewal  or  validation  of  a  Certificate  shall  be  the 
same  as  for  the  issuance  thereof. 

All  fees  received  by  the  Superintendent  of  Public  Instruction  shall 
be  by  him  covered  into  the  state  treasury  and  credited  to  a  fund  to  be 
designated  as  "The  State  Institute  Fund."     The  moneys  in  the  State  Insti- 


tute  Fund  shall  not  revert  into  the  state  treasury,  but  shall  accumulate 
from  year  to  year,  and  shall  be  used  for  the  purpose  of  assisting  County 
Superintendent  of  schools  in  conducting  annual  normal  institutes  and  to 
employ  competent  lecturers  and  speakers  for  educational  meetings  and 
conferences  called  by  the  Superintendent  of  Public  Instruction  for  the 
promotion  of  education  within  the  state;  and  the  state  institute  fund  is 
hereby  appropriated  for  that  purpose  and,  shall  be  paid  out  upon  war- 
rants drawn  by  the  State  Auditor  on  duly  itemized  vouchers  approved  by 
the   Superintendent   of   Public   Instruction. 

§  19.  Fees  for  Other  Certificates.  Applicants  foT  First,  Sec- 
ond, or  Third  Grade  Certificates,  and  for  Primary  Teacher's  Certificates, 
shall  pay  a  fee  of  one  dollar.  All  such  fees  shall  be  collected  by  ithe  county 
superintendent  and  deposited  with  the  county  treasurer  to  the  credit  of 
the  Institute  Fund  of  the  county. 

§  20.  Examination  Questions  Disclosed,  Misdemeanor.  Who- 
ever shall  sell,  barter  or  give  away  to  applicants  for  certificates  or  to 
any  other  person  the  questions  prepared  by  the  Superintendent  of  Public 
Instruction,  to  be  used  by  the  county  superintendents  in  examination  of 
teachers,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  of  not  less  than  twenty-five  nor  more 
than  one  hundred  dollars. 

§  21.  The  provisions  of  this  Act  shall  not  affect  the  rights  of 
persons  now  holding  certificates  or  who  may  acquire  certificates  before 
this  law  becomes  effective,  but  such  persons  shall  be  entitled  to  receive 
from  the  Superintendent  of  Public  Instruction  certificates  of  the  grade 
and  standing  which  would  be  awarded  were  this  law  not  enacted. 

§  22.  Subdivision  12  of  Section  73  86  as  well  as  Subdivisions 
2,  3,  4,  5,  and  6  of  Section  7387,  and  Sections  7389,  7390,  7391,  7392, 
7393,  7394,  7395,  7396,  7397,  7398,  7399,  7400,  7401,  7402,  7403,  7404, 
7405  of  the  South  Dakota  Revised  Code  of  1919  be  and  the  same  are 
hereby  repealed. 

Approved  February  27,   1919. 
Source:      Ch.     181,     S.    L.     1919. 


ARTICLE   3. 
STATE   BOARD   OF   EDUCATION 


§   7406.  Accepting    Federal    Benefits.  gents    with    Federal   Board. 

§   7407.  Board,     Membership,     Terms.  §   7410.     State    Treasurer    Custodian    of 

§    7408.  Meetings    of    Board,    Expenses.  Funds. 

§   7409.  Powers,     Cooperation     of     Re- 

§  7406.  Accepting  Federal  Benefits.  The  state  of  South  Dakota 
having  heretofore  accepted  the  benefits  of  the  act  of  Congress  entitled 
"An  act  to  provide  for  the  promotion  of  vocational  education;  to  provide 
for  cooperation  with  the  states  in  the  promotion  of  such  education  in 
agriculture  and  the  trades  and  industries;  to  provide  for  cooperation  with 
the  states  in  the  preparation  of  teachers  for  vocational  subjects;  and  to 
appropriate  money  and  regulate  its  expenditure,"  it  will  observe  and 
comply  with  all  the  requirements  of  said  act. 

Source:      §    1,    Ch.   227,    1917. 

§  7407.  Board,  Membership,  Terms.  To  this  end  the  state  board 
of  education,  heretofore  created,  shall  continue  to  consist  of  the  superin- 
tendent of  public  instruction,  the  president  of  the  university  of  South 
Dakota,  the  president  of  the  state  college  of  agriculture  and  mechanic 
arts,  and  four  persons  appointed  by  the  governor,  two  of  whom  shall  be 
members  of  the  faculty  of  a  state  normal  school,   one  a  superintendent  or 

8 


principal  of  an  independent  school  district,  and  one  a  county  superintend- 
ent. The  appointed  members  of  the  board  shall  hold  their  office  for  four 
years  from  the  date  of  appointment  and  shall  serve  until  their  successors 
are  appointed  and  qualified.  All  vacancies  as  to  appointed  members  shall 
be  filled  by  appointment  by  the  governor. 

Source:      §  2,  Ch.  227,  1917. 

§   7408.     Officers,  Meetings  of     the     Board     and     Expenses.      1.      The 

Superintendent  of  Public  Instruction  shall  be  exofficio  president  and  execu- 
tive officer  of  the  Board,  and  shall  furnish  all  necessary  record  books 
and  blanks  for  its  use.  The  deputy  superintendent  of  public  instruction 
shall  be  exofficio  secretary  of  the  Board,  but  shall  not  be  entitled  to  a 
vote  in  its  proceedings. 

2.  The    State    Board    of    Education    shall    hold    quarterly    sessions    at 
.the  Capitol  or  such  other  place  as  may  be  designated  by  the  president  of 

the  Board,  who  shall  also  designate  the  exact  date  of  such  meeting.  He 
may  also  call  such  special  meetings  as  may  be  deemed  necessary. 

3.  The  members  of  the  State  Board  of  Education  shall  receive  no 
salary  for  their  services,  but  they  shall  be  reimbursed  for  the  actual  ex- 
penses incurred  in  the  performance  of  their  duties,  which  expenses  shall 
be  paid  by  the  State  Treasury  on  warrants  of  the  State  Auditor  out  of 
the  fund  hereinafter  appropriated  for  such  purpose  upon  the  certificate 
of  the  president  of  the  Board. 

Source:     Chap.    184,    S.    L.    1919. 

§  7409.  Powers  and  Duties.  1.  The  state  board  of  educa- 
tion shall  have  all  necessary  power  to  cooperate  with  the  federal  board 
of  vocational  education  in  the  administration  of  said  federal  act.  It  shall 
be  the  duty  of  the  board  of  regents  to  designate  one  or  more  of  the  instit- 
utions of  higher  education  under  its  control,  in  which  shall  be  maintained 
classes  for  preparing  teachers,  supervisors  and  directors  of  agricultural 
subjects,  teachers  of  trade,  industrial  and  home  economic  subjects;  to  ap- 
portion the  federal  aid  for  preparing  such  persons  to  the  institution  or  in- 
stitutions so  designated;  and  to  apportion  from  the  funds  appropriated  for 
the  maintenance  of  such  institution  or  institutions  a  sum  equal  to  such 
federal  aid,  such  funds  so  apportioned  to  be  used  exclusively  in  the  prepara- 
tion of  such  teachers,  supervisors  and  instructors  as  herein  provided;  and 
in  other  ways  to  cooperate  with  the  state  board  in  carrying  out  the  pro- 
visions of  this  article. 

2.  The  State  Board  of  Education  may  approve  upon  the  recommen- 
dations of  the  president  of  the  board,  high  schools  which  shall  maintain 
departments  for  the  teaching  of  vocational  agriculture,  home  economics, 
and  trades  and  industries.  Provided  that  the  State  Board  of  Education 
shall  out  of  the  moneys  hereinafter  appropriated  reimburse  from  federal 
and  state  funds  such  schools  as  may  be  approved  by  the  State  Board  of 
Education  for  the  maintenance  as  departments  in  high  schools  for  the 
teaching  of  vocational  agriculture  and  home  economics.  Provided,  fur- 
ther, that  the  State  Board  of  Education  shall  reimburse  from  said  funds 
available  such  high  schools  as  may  maintain  departments  for  the  teach- 
ing of  trades  and  industries  under  the  regulations  prescribed  by  the 
State  Board,  and  the  Federal  Board  for  vocational  education. 

3.  The  aid  so  disbursed  to  the  different  schools  of  the  state  shall  be 
divided  equally  among  the  schools  approved  by  the  board  and  shall  not 
exceed  the  cost  of  maintenance  of  such  department  and  shall  in  no  way 
be  used  to  defray  the  expenses  of  installation  of  permanent  equipment. 

4.  The  State  Board  of  Education  shall  have  authority  to  appoint 
upon  the  recommendation  of  the  Superintendent  of  Public  Instruction 
such  officers  and  assistants  as  he  may  deem  necessary  to  properly  ad- 
minister the  federal  act  and  this  act  of  the  State  of  South  Dakota  and  to 
fix  the  compensation  of  such  officers  and  assistants  and  to  pay  such  com- 


pensation    and    necessary    expenses    of    such    officials    and    assistants    from 
the  funds  hereinafter  appropriated  for  that  purpose. 

Source:      Chap.   184,   S.  L.   1919. 

§  7410.  Appropriation,  Custodian  of  Funds.  1.  There  is 
hereby  appropriated  out  of  any  moneys  in  the  state  treasury  not  otherwise 
appropriated,  the  sum  of  tweny-thousand  six  hundred  (20,600)  dollars  an- 
nually to  carry  out  the  provisions  of  this  act,  and  to  enable  the  State 
of  South  Dakota  to  take  complete  advantage  of  the  federal  funds  avail- 
able for  vocational  education.  The  aforesaid  sum  shall  be  apportioned  in 
the  following  manner:  For  expenses  of  members  of  the  State  Board  of 
Education,  not  to  exceed  six-hundred  (600)  dollars  annually;  for  ad- 
ministration and  supervision  of  this  act,  not  to  exceed  three  thousand 
four  hundred  (3,400)  dollars  annually;  for  aid  in  teaching  vocational 
agriculture  eight  thousand  six  hundred  (8,600)  dollars  annually; 
for  aid  in  teaching  vocational  home  economics  eight  thousand  (8,000) 
dollars  annually. 

Source:      Chap.    184,    S.    L.    1919. 

2.  The  State  Treasurer  shall  be  custodian  of  all  moneys  paid  to 
the  state  from  federal  appropriations  for  the  promotion  of  vocational 
education,  and  shall  disburse  the  same  upon  warrants  from  the  State 
Auditor  issued  upon  the  certificate  of  the  Superintendent  of  Public  In- 
struction. The  State  Board  of  Education  shall,  on  or  before  the  last 
Tuesday  in  July  authorize  the  Superintendent  of  Public  Instruction  to 
certify  to  the  State  Auditor  the  amount  apportioned  as  state  and  federal 
aid  to  each  school  approved  under  the  provisions  of  this  act.  The  State 
Auditor  shall  upon  the  receipt  of  such  certificate  draw  warrants  on  the 
state  treasury  in  favor  of  the  secretary  of  the  board  of  education  or  clerk 
of  the  school  district  for  the  sum  so  specified  for  the  different  school 
districts  of  the  state  approved  by  the  State  Board  of  Education. 

Source:     Chap.    184,    S.    L.    1919. 


ARTICLE    4. 
READING   CIRCLE    BOARD 


§   7411.     Managers.  §   7412.     Membership,     Secretary,     Fees, 

Duties. 

§   7411.      Managers.      The   teachers'   reading   circle   board    of    managers 
shall    consist    of    the    president    of    the    state    educational    association,    the 
superintendent  of  public  instruction  and  a  member  selected  by  the  county 
superintendents  of  the  state. 
Source:      §     17,    Ch.     135,     1907. 

§  7412.  Membership,  Secretary,  Fees,  Duties.  The  president  of  the 
state  educational  association  shall  be  the  president  of  the  board  and 
the  members  of  the  board  shall  elect  a  secretary  who  shall  not  be  of 
their  number  and  who  shall  have  no  voice  in  the  proceedings  of  the  board. 
The  secretary  shall  receive  such  salary  as  may  be  fixed  by  the  board  who 
shall  also  prescribe  his  duties.  The  board  of  managers  of  the  teachers' 
reading  circle  shall  hold  at  least  one  meeting  each  year  to  select  the 
books  to  be  read,  and  shall  have  general  charge  of  the  teachers'  reading 
circle  work  in  the  state.  The  members  of  the  board  of  managers  shall 
receive  no  compensation,  but  their  actual  traveling  expenses  incurred  in 
the  discharge  of  their  duties  shall  be  paid  from  the  fees  collected  for  state 
certificates  and  life  diplomas. 

Source:      §     17,    Ch.    135,    1907. 

10 


CHAPTER   2. 
COUNTY   SUPERVISION 


Article  1.  County    Superintendent. 

Article  2.  Normal  Institutes. 

Article  3.  School   Apportionment. 

Article  4.  County  Contests. 


ARTICLE    1. 
COUNTY  SUPERINTENDENT 


7413. 

Election,    Term. 

§ 

7420. 

7414. 

Eligibility. 

§ 

7421. 

7415. 

Eligibility    Challenged. 

§ 

7422. 

7416. 

Oath    and    Bond. 

7417. 

Vacancy. 

§ 

7423. 

7418. 

Holding      Other     Offices 

Pro- 

hibited. 

§ 

7424. 

7419. 

Mileage    and    Expenses. 

§ 

7425. 

Deputy    or    Clerk. 

Office    Provided. 

School    Visits,     Sign     Register, 

Penalty. 
Supervision,         General         and 

Direct. 
Duties. 
Powers. 

§  7413.  Election,  Term.  In  each  organized  county  at  each  general 
election  there  shall  be  elected  a  superintendent  of  schools,  whose  term  of 
office  shall  be  two  years,  beginning  on  the  first  Monday  of  the  succeeding 
June,   and  who  shall  qualify  on  or  before  that  day. 

Source:      §    21,    Ch.    135,    1907;    §§    1,    2, 
Ch.    210,    1917. 

§  7414.  Eligibility.  No  person  shall  be  eligible  to  hold  the 
office  of  county  superintendent  of  schools  who,  it  not  the  holder  of  a 
State  Certificate  or  Certificate  of  higher  grade,  valid  in  this  state  at  the 
date  of  his  induction  into  office  and  for  a  period  of  at  least  one  year  pre- 
vious thereto,  and  who  has  not  at  least  two  years  experience  in  teaching. 

Provided,   that  the   provisions   of  this  act  shall  in   no   wise  affect  the 
rights    of    any    person    holding    the    office    of    county    superintendent    of 
schools  at  the  time  this  act  becomes  effective. 
Source:     Ch.    172,    S.    L.    1919 

§   7415.     Eligibility  Challenged.      If  any  person  shall  file  a  statement 

on  oath,  with  the  county  auditor,  fifteen  days  prior  to  the  holding  of  any 

primary  election  or  other   election,   that  any   person  whose  name  has   been 

certified   to    the   county   auditor   as    a    candidate    for    county   superintendent 

upon  any  ticket  is  not  qualified  under  the  provisions  of  this  article  to  hold 

such    office,    such    candidate   shall   within   five    days    after    being   notified    of 

the   filing   of   such   statement   file   with    the   county   auditor   full    proof   that 

he  is  qualified  to  hold  such  office,  and  if  he  fails  to  do  so,  his  name  shall 

not  be  placed  upon  the  official  ballot  as  a  candidate  by  the  county  auditor. 

Source:      §    2,    Ch.    90,    1909.  auditor.      State    ex   rel.    Ochsenreiter    v. 

Eligibility,     how     questioned;     neces-       Blegen,   26   S.   D.   106,   128   N.  W.   488. 
sity    of    filing    statement    with    county 

§  7416.  Oath  and  Bond.  The  county  superintendent  shall  qualify  by 
taking  the  proper  oath  of  office  and  executing  a  bond  in  the  sum  of  five 
hundred  dollars,  with  two  or  more  sureties,  to  be  approved,  recorded  and 
filed  according  to  the  provisions  of  this  code  relating  to  official  bonds  of 
county   officers. 

Source:      §   23,   Ch.    135,   1907;    §    2,   Ch. 
1917. 

§  7417.  Vacancy.  When  the  office  of  county  superintendent  shall 
become  vacant  by  death,   resignation,   removal   or  otherwise,   the   board   of 

11 


county  commissioners  shall  fill  the  vacancy  by  appointment,  and  the 
person  so  appointed  shall  hold  his  office  until  a  successor  can  be  elected 
and  has  qualified. 

Source:      §     24,    Ch.    135,    1907 

§  7418.  Holding  Other  Offices  Prohibited.  The  county  superintend- 
ent shall  not  hold  the  office  of  county  commissioner  or  any  school  district 
office. 

Source:      §    26,    Ch.    135,    1907. 

§  7419.  Mileage  and  Expenses.  In  addition  to  the  salary 
otherwise  provided  by  law  the  county  superintendent  shall  receive  five 
(5)  cents  per  mile  each  way  for  every  mile  necessarily  traveled  in  at- 
tending such  meetings  of  county  superintendents  as  may  be  convened  by 
the  Superintendent  of  Public  Instruction,  and  he  shall  be  reimbursed  by 
the  county  for  the  necessary  traveling  expenses  incurred  in  visiting 
schools  in  attending  teachers'  and  officers'  meetings  within  the  county. 
He  shall  furnish  quarterly,  to  the  county  commissioners,  an  itemized 
statement  of  such  mileage  and  expenses,  subscribed  and  sworn  to,  which 
claims  shall  be  audited  and  ordered  paid  by  the  Brard  of  County  Com- 
missioners as  are  other  claims  against  the  county.  The  total  of  such 
sums  so  allowed  for  mileage  and  expenses  in  any  one  year  shall  not  ex- 
ceed four  hundred  dollars  ($400.00)  in  counties  having  less  than  one 
hundred  (100)  schools,  and  in  counties  having  more  than  one  hundred 
(100)  schools  the  amount  shall  not  exceed  eight  hundred  dollars 
($800.00) 

Source:     Chap.    172,    S.    L.    1919. 

§  5818.  The  population  of  the  counties  of  this  state  as  the 
basis  of  salaries  of  county  officers  shall  be  determined  by  the  last  state 
or  federal  census.  In  all  counties  created  or  organized  since  the  last  state 
or  federal  census  has  been  taken,  the  county  commissioners  shall  provide 
for  the  taking  of  the  census  of  such  county  as  soon  as  the  creation  or 
organization  of  such  county  is  completed,  and  the  expense  thereof  shall 
be  paid  by  the  county.  The  compensation  of  the  persons  authorized  by 
the  board  of  county  commissioners  to  take  such  census  shall  be  fixed  by 
the  board  and  the  census  so  taken  shall  govern  as  a  basis  for  the  salaries 
of  the  officers  of  such  county  until  the  next  state  or  federal  census  is 
taken. 

§  2.  That  Section  5819  of  the  South  Dakota  Revised  Code  of 
1919  is  hereby  amended  to  read  as  follows: 

Section  5810.  The  annual  salaries  of  the  County  Auditors,  the 
County  Treasurer,  the  Clerk  of  Courts,  the  Superintendents  of  Schools 
and  the  Register  of  Deeds  of  the  several  counties  of  this  state  shall  be 
regulated  and  fixed  by  the  population  of  the  several  counties  as  shown 
by  the  last  state  or  federal  census. 

Provided  that  the  salaries  hereinbefore  provided  shall  be  full  com- 
pensation for  all  services  rendered  by  such  county  officials  under  any  and 
all  laws  of  this  state  and  that  all  fees  and  per  diem  collected  under  the 
laws  of  this  state  by  any  such  county  officials  shall  be  paid  by  such 
county  officials  to  the  county  treasurer  of  their  respective   counties. 

§  3.  Section  5820  of  the  South  Dakota  Revised  Code  of  1919 
is  hereby  amended  to  read  as  follows: 

§  5820.  Salaries — How  Computed.  The  county  treasurer  and  the 
county  auditor  shall  receive  the  following  salaries: 

Upon  the  first  one  thousand  of  population,  one  thousand  dollars. 

Upon  the  second  thousand  of  population  or  major  fraction  thereof, 
two  hundred  fifty  dollars. 

Upon  the  third  one  thousand  of  population  or  major  fraction  thereof, 
the  sum  of  two  hundred  dollars. 

12 


Thereafter  upon  each  additional  one  thousand  of  population  or  major 
fraction  thereof,  the  sum  of  fifty  dollars  up  to  ten  thousand  of  population. 

Thereafter  upon  each  additional  thousand  of  population  the  sum  of 
thirty-five  dollars. 

Provided  that  in  no  county  shall  the  salary  of  the  County  Treasurer 
and  County  Auditor  exceed  twenty-five  hundred  dollars. 

The  county  treasurer  and  auditor  shall  in  no  case  receive  a  salary  of 
less  than  fourteen  hundred  dollars  in  counties  having  a  population  of  two 
thousand  or  more  and  they  shall  not  receive  a  salary  of  less  than  sixteen 
hundred  dollars  in  counties  having  a  population  of  five  thousand  or  more. 

The  County  clerk  of  courts,  register  of  deeds  and  superintendent  of 
schools  shall  receive  the  following  salaries: 

Upon  the  first  one  thousand  of  population,  one  thousand  dollars. 

Upon  the  second  one  thousand  of  population  or  major  fraction  thereof, 
two  hundred  dollars. 

Upon  the  third  one  thousand  of  population  or  major  fraction  thereof, 
one  hundred  dollars. 

Thereafter  upon  each  additional  one  thousand  of  population  or  major 
fraction  thereof,   the  sum   of  fifty  dollars,   up  to  ten   thousand   population. 

Thereafter  upon  each  additional  one  thousand  of  population  or  major 
fraction  thereof,  the  sum  of  thirty-five  dollars. 

Provided,  that  in  no  county  having  a  population  of  less  than  twenty- 
five  thousand  shall  the  clerk  of  courts,  register  of  deeds  or  superintendent 
of  schools  receive  a  salary  of  more  than  twenty-two  hundred  dollars,  and 
in  no  county  having  a  population  of  more  than  twenty-five  thousand  shall 
the  superintendent  of  schools  and  register  of  deed  receive  a  salary  of 
more  than  twenty-four  hundred  dollars  and  the  clerk  of  courts  a  salary 
of  more  than  twenty-five  hundred  dollars.  Provided  that  in  counties 
having  an  area  of  seventy-five  or  more  congressional  twonships  or  major 
fractional  parts  of  townships,  the  salary  of  the  county  superintendent  of 
schools  shall  be  not  less  than  Eighteen  Hundred  Dollars  per  annum. 

In  no  county  shall  the  salary  of  any  officer  mentioned  in  this  section 
be  reduced  by  the  provisions  hereof  during  his  present  term  of  office. 
Source:     Chap.    148.    S.    L.    1917. 

§  7420.  In  a  county  having  (50)  or  more  schools  under 
the  direct  supervision  of  the  county  superintendent,  the  superintendent 
shall  be  entitled  to,  and  may  appoint  a  deputy  for  whose  acts  as  such  he 
shall  be  responsible.  Such  deputy  may  or  may  not  possess  the  qualifi- 
cations required  by  law  for  the  county  superintendent,  but  he  must  be  at 
least  fitted  to  do  office  work,  and  must  hold  a  valid  teachers  certificate. 

In  counties  having  one  hundred  (100)  or  more  schools,  the  county 
superintendent  shall  be  entitled  to,  and  may  appoint  a  deputy  having  the 
qualifications  of  the  county  superintendent,  for  whose  acts  as  such  he 
shall  be  responsible,  and  he  may  by  the  consent  and  with  the  approval 
of  the  board  of  county  commissioners,  appoint  an  additional  deputy  of 
lesser  qualifications,  for  the  year  or  such  portion  thereof  as  may  be 
necessary. 

Whenever  deputy  is  employed  who  shall  be  qualified  as  is  the  county 
superintendent,  he  shall  assist  in  the  office,  in  visiting  schools,  and  in 
the  general  supervision  of  the  educational  work  of  the  county,  and 
shall  receive  a  salary  fixed  by  the  board  of  county  commissioners,  but  not 
less  than  one  thousand  (1000)  dollars  per  year.  When  his  qualifications 
are  less  than  those  required  by  law  for  the  county  superintendent,  his 
salary  shall  be  fixed  by  said  board,  but  shall  not  be  less  than  fifty  (50) 
per  cent  of  that  of  the  county  superintendent. 

Each  deputy  shall  take  and  subscribe  the  same  oath  as  his  principal, 
naming  his  deputyship,  which  shall  be  indorsed  and  filed  with  his  cer- 
tificate of  appointment. 

Source:     Ch.    172,    S.    L.    1919. 

13 


§  7421.  Office  Provided.  The  county  superintendent  may  provide 
at  the  county  seat  a  suitable  office  for  the  transaction  of  business,  when 
not  provided  by  the  board  of  county  commissioners,  and  such  board  shall 
allow  accounts  for  all  necessary  expenditures  for  the  use  and  furnishing 
of  such  office  and  for  necessary  stationery  and  printing.  All  books  and 
pamphlets,  circulars  of  information  and  other  publications  from  the 
bureau  of  information  of  the  United  States,  and  all  official  publications  of 
this  state  and  other  public  documents  and  books  relating  to  education, 
officially  received  by  the  superintendent,  shall  be  deemed  public  property 
and  shall  be  kept  in  his  office,  and,  with  other  public  property  and 
records,  delivered  to  his  successor.  He  shall  furnish  the  board  of  county 
commissioners  such  statistics  relating  to  the  schools  of  the  county  and 
the  officers  thereof  as  it  shall  desire,  and  as  will  enable  it  to  perform  its 
duties  correctly. 

Source:      §     30,    Ch.    135,    1907. 

§  7422.  School  Visits,  Sign  Register,  Penalty.  The  county  superin- 
tendent shall  sign  his  name  in  the  attendance  register  of  each  school  he 
visits,  showing  the  date  thereof;  and  he  shall  carry  a  record  book  of  such 
visits,  which  book  shall  be  signed  by  the  teacher  of  the  school  visited  by 
him,  and  filed  with  the  county  auditor  with  the  bill  of  such  superintend- 
ent's salary  for  the  last  month  of  the  calendar  year;  and  it  shall  be  the 
duty  of  the  county  commissioners  to  deduct  from  the  salary  of  such  super- 
intendent for  such  last  month  ten  dollars  for  each  and  every  school  in  the 
county,  under  the  direct  supervision  of  such  superintendent,  not  visited 
by  him  within  such  calendar  year. 
Source:      §    28,    Ch     135,    1907. 

§   7423.      Supervision,    General    and    Direct.      The    county    superintend- 
ent shall  have  general  supervision  of  all  the  public  schools  in  the  county 
and  direct  supervision  of  all  public  schools  in  the  county  except  those  in 
independent  districts  containing  a  city. 
Source:      §     31,    Ch.    135,     1907. 

§  7424.  Duties.  It  shall  be  the  duty  of  the  county  superintendent 
of  schools: 

1.  To  visit  each  common  school  in  his  county  as  often  as  possible 
and  at  least  once  each  school  year,  correcting  any  deficiency  in  the  govern- 
ment of  the  school,  classification  of  pupils  or  methods  of  instruction,  and 
making  suggestions  as  to  the  welfare  of  the  school  and  to  the  district 
officers  in  reference  to  their  duties  regarding  the  school  house,  furniture, 
apparatus  and  grounds. 

2.  To  keep  a  complete  record  of  his  official  acts. 

3.  To  keep  a  record  of  the  name,  age  and  postoffice  address  of  each 
applicant  for  a  certificate  to  teach,  such  applicant's  standing  in  each  study 
and  the  grade,  date  of  issue,  and  expiration  of  each  certificate  granted, 
and  keep  on  file  the  papers  of  applicants  for  special  certificates  during  the 
period  for  which  such  certificate  is  granted. 

4.  To  keep  a  register  of  teachers  employed  in  his  county,  giving  the 
name  of  the  teacher,  district  in  which  employed,  salary  per  month,  grade 
of  certificate,  date  of  opening  and  closing  the  terms  and  of  the  superin- 
tendent's visits. 

5.  To  keep  a  record  of  all  apportionments  of  state  and  county  school 
funds  and  such  other  statistical  records  as  shall  be  required  in  making 
reports  to  the  superintendent  of  public  instruction,  and,  whenever  called 
upon  by  the  superintendent  of  public  instruction,  make  in  addition  to  his 
annual  report  such  special  reports  as  may  be  required. 

6.  To  keep  in  a  proper  book,  provided  for  that  purpose  by  the  coun- 
ty, a  correct  record  of  all  proceedings  of  the  board  of  county  commis- 
sioners relating  to  the  establishment,  division,   consolidation  and  change  of 

14 


boundaries  of  school  districts,  and  promptly  transmit  to  the  superintend- 
ent of  public  instruction  a  correct  plat  showing  any  changes  in  the 
boundaries  of  any  school  corporation,  in  accordance  with  the  instructions 
of  the  superintendent  of  public  instruction. 

7.  To  encourage  teachers  institutes  and  associations,  and  labor  in 
every  practicable  way  to  elevate  the  standard  of  teaching,  urge  the  con- 
tinued employment  of  successful  and  efficient  teachers  and  prevent  by 
all  proper  means  the  employment  of  those  who  are  incompetent  and  in- 
efficient, and  seek  to  make  the  employment  of  all  teachers  a  responsible 
public  duty  for  the  public  advantage  only,  and  free  from  favor  and  sec- 
tarian interests. 

8.  To  actively  and  earnestly  promote  and  hold  district  institutes 
during  the  school  year,  and  in  holding  such  institutes  he  may  group  two 
or  more  districts  into  institute  organizations,  so  arranging  the  districts 
that  the  teachers  in  each  district  or  group  of  districts  shall  have  the  bene- 
fit of  such  institutes  at  least  twice  during  the  school  year. 

9.  To  cooperate  with  the  board  of  managers  of  the  state  teachers' 
reading  circle  in  advancing  the  work  of  that  organization  in  his  county 
and  to  report  on  or  before  the  fifteenth  day  of  December  of  each  year, 
to  the  secretary  of  such  reading  circle,  the  enrollment  of  all  persons  in 
his  county  known  to  him  to  be  pursuing  the  work  of  such  circle,  plans  by 
which  the  work  thereof  is  being  carried  on  and  all  matters  of  general  in- 
terest thereto. 

10.  To  arrange  for  an  annual  examination  in  the  state  treachers' 
reading  cirlcle  course  of  his  county  under  the  direction  of  the  superin- 
tendent of  public  instruction,  and  to  provide  or  appoint  some  competent 
person  to  preside  at  the  same,  to  collect  all  examination  papers  submitted 
at  such  examination  and  promptly  forward  the  same  to  the  secretary  of 
the  board  of  managers. 

11.  To  hold  annually  a  normal  institute  of  not  less  than  two  (2)  or 
more  than  three  (3)  days  duration  for  the  instruction  of  teachers  and 
those  who  desire  to  teach,  and  he  shall  procure  such  instructors  in  addi- 
tion to  the  conductor  as  shall  be  necessary.  The  time  at  which  such 
institutes  shall  be  held  shall  be  fixed  by  the  county  superintendent  with 
the  approval  of  the  Superintendent  of  Public  Instruction,  Provided  that 
two  or  more  counties  may  combine  to  hold  joint  institutes  upon  obtaining 
the  approval  of  the  Superintendent  of  Public  Instruction. 

Source:      Ch.    175,    S.    L.    1919. 

12.  To  require  the  district  school  officers  of  his  county  to  assemble 
at  one  or  more  convenient  locations  in  his  county  in  each  year  for  discus- 
sing questions  intended  to  promote  the  school  interests  of  the  county,  and 
in  his  discretion  he  may  close  all  the  schools  of  his  county  and  require  the 
attendance  of  the  teachers  at  such  meetings  upon  giving  interested  per- 
sons ten  days  notice,  with  like  notice  to  the  superintendent  of  public  in- 
struction. For  attending  such  meetings  school  officers  shall  receive  a  per 
diem  of  one  dollar  and  fifty  cents,  and  five  cents  for  each  mile  necessarily 
traveled  in  attending  the  meeting,  to  be  paid  from  the  district  treasury, 
and  teachers  required  to  attend  such  meeting  shall  sustain  no  loss  of  pay. 

13.  To  notify  the  various  district  school  officers  of  a  time  and  place 
at  which  he  will  meet  with  them  at  least  once  in  each  year  and  personally 
or  through  his  deputy  determine  the  accuracy  of  the  school  officers' 
records  and  advise  them  of  the  proper  form  of  keeping  their  accounts, 
to  which  meeting  it  shall  be  the  duty  of  the  school  officers  to  bring  or 
send  the  records  of  their  Tepective  offices  for  examination  and,  in  case 
any  officer  shall  fail  to  make  report  according  to  law  and  at  the  time  re- 
quired, the  county  superintendent  is  authorized  to  secure  the  same  by 
examination  of  the  records,  files  and  accounts  of  such  officer  and  to  file 
with  the  chairman  of  the  district  board  a  certified  statement  of  the  con- 
dition of  the  records,  accounts  and  funds  of  the  treasurer  and  clerk. 

15 


14.  To  at  all  times  conform  to  the  instructions  of  the  superintend- 
ent of  public  instruction  as  to  matters  within  the  jurisdiction  of  the  latter 
and  serve  as  a  medium  of  communication  between  the  superintendent  of 
public  instruction  and  the  district  school  officers. 

15.  To  report  under  oath  to  the  commissioner  of  school  and  public 
lands,  on  or  before  the  first  day  of  July  in  each  year,  the  enumeration  of 
persons  of  school  age  in  each  school  district  in  his  county,  according  to 
the  census  of  the  school  districts  as  hereinafter  provided,  which  enumera- 
tion shall  also  be  used  by  the  county  superintendent  as  a  basis  for  appor- 
tioning the  county  general  school  fund 

16.  To  apportion,  on  the  tenth  day  of  January  and  July  in  each  year 
the  money  in  the  county  treasury  belonging  to  the  county  general  school 
fund  among  the  several  school  corporations  within  the  -county  in  propor- 
tion to  the  number  of  children  of  school  age  residing  therein,  and  to  draw 
orders  on  the  county  treasurer  in  favor  of  the  several  school  treasurers 
of  the  county  for  the  amount  apportioned  to  them,  taking  their  receipts 
therefor. 

17.  To  make  a  report  to  the  superintendent  of  public  instruction,  on 
or  before  the  first  Monday  of  September  of  each  year,  containing  a  full 
abstract  of  the  reports  made  to  him  by  the  district  officers  and  including 
such  other  matters  therein  as  shall  be  directed  by  the  superintendent  of 
public  instruction  or  as  he  himself  may  deem  essential  in  exhibiting  the 
true  condition  of  the  schools  under  his  charge,  and  on  failure  to  make  such 
report  he  shall  forfeit  to  the  school  fund  of  his  county  the  sum  of  one 
hundred  dollars  and  in  addition  be  liable  for  all  damages  caused  by  such 
neglect 

18.  To  give  advice,  when  requested,  relative  to  school  matters  to 
any  school  officer  or  person  within  the   county. 

19.  To  transmit,  within  ten  days  after  his  decision  to  revoke  a  cer- 
tificate, a  written  statement  to  the  person  accused,  stating  the  ground 
upon  which  such  certificate  was  revoked,  and  forward  a  copy  of  the  same 
to  the  superintendent  of  public  instruction,  and  any  aggrieved  person 
desiring  to  appeal  from  such  decision  shall,  within  ten  days  after  receipt 
of  such  notice,  serve  a  written  notice  of  appeal  from  such  decision  on  the 
superintendent  of  public  instruction,  which  notice  shall  specify  the  grounds 
upon  which  the  appeal  was  taken  and  the  superintendent  of  public  in- 
struction shall  provide  for  a  fair  review  of  the  decision  of  the  county  super- 
intendent upon  such  repeal. 

Source:      §§    32-44,    47,    49,    51,    53,    65, 
78,    Ch.    135,    1907;    §    3,    Ch.    140,    1909. 

§  7425.  Powers.  The  county  superintendent  shall  have  power: 
1.  In  case  of  wilful  neglect  on  the  part  of  the  school  board  of  any 
district  to  make  necessary  repairs  for  the  school,  or  to  correct  unsanitary 
conditions,  or  provide  water  closets  according  to  the  provisions  therefor 
hereinafter  contained,  to  make  such  repairs  or  provisions  unless  the  school 
board  of  such  district  shall,  within  thirty  days  after  written  notice,  make 
the  same,  and  to  pay  the  expense  thereof,  not  exceeding  fifty  dollars  in 
any  one  year,  from  the  district  school  treasury. 

2  The  county  superintendent  shall  have  power  to  close  all  schools 
in  the  county  except  in  cities  of  the  first  and  second  class  and  four  (4) 
year  accredited  high  schools,  and  require  the  attendance  of  all  teachers 
who  shall  draw  pay  as  for  teaching  for  the  time  spent  in  attendance  in 
the  county  normal  institute. 

Source:     Ch.    175,    S.    L     1919. 

3  To  administer  oaths  of  office  to  all  subordinate  school  officers  in 
his  county  and  to  certify  to  the  same. 

4.  To  close  any  school  under  his  direct  supervision  on  account  of 
contagious  disease  or  for  any  other  cause  he  may  deem  sufficient. 

16 


5.  To  issue  a  certificate  on  his  own  examination  of  the  first,  second 
or  third  grade  to  applicants  who  present  satisfactory  proof  that  they 
were  unable  to  be  present  at  the  regular  public  examination,  which  cer- 
tificate shall  be  termed  a  special  certificate  and  shall  be  valid  only  in 
grades  below  the  high  school  in  a  district  specified  on  its  face  and  until 
the    next   succeeding    regular    examination. 

6.  To  revoke  at  any  time  first,  second  or  third  grade  cerificates  and 
primary  teachers'  certificate  for  any  cause  which  would  have  prevented 
the  issuance  of  the  same  and  for  incompetency,  immorality,  intemperance, 
violation  of  state  law,  cruelty,  general  neglect  of  the  business  of  the 
school,  and  refusal  or  neglect  to  attend  regularly  a  county  institute  and  at 
least  one  district  institute  each  year,  after  notice,  unless  excused 

Source:      §§    32,    38,    45,    46,    64,    Chap. 
135,    1907. 


ARTICLE    2. 
NORMAL  INSTITUTES 


§   7426.     Conductor    Certify.  §    7430.     Share     Determined. 

§   7427.     County   Commissioners   Appro-  §   7431.     Summer    Schools. 

priate    Money.  §   7432.     Persons      Excused      from      At- 
§   7428.     Joint    Institute,    Bills    Audited.  tending. 

§   7429.     Expenses    Shared. 

§  7426.  At  the  close  of  any  normal  institute  the  county 
superintendent  shall  immediately  certify  to  the  county  auditor  the  dates 
of  opening  and  closing  of  such  institute,  and  forward  to  him  a  certified 
copy  of  the  conductor's  commission.  The  county  auditor  shall  immedi- 
ately present  such  certificates  to  the  county  treasurer  who  shall  there- 
upon transfer  from  the  county  general  fund  to  the  county  institute  fund 
the  equivalent  of  ten  (10)  cents  per  capita  upon  the  school  census  in  the 
county  for  the  current  year,  provided,  that  if  the  per  capita  amount 
so  ascertained  shall  be  less  than  one  hundred  fifty  (150)  dollars  in  any 
county,  then  at  least  the  sum  of  one  hundred  fifty  (150)  dollars  shall  be 
transferred  by  the  board  of  county  commissioners  to  the  county  insti- 
tute fund. 

Source:      Chap.    175,   S.  L.   1919, 

§  7427.  The  county  commissioners  may  make  additional  appro- 
priations to  the  county  institute  fund  when  in  their  judgment  it  is  neces- 
sary in  order  to  provide  an  effective  institute.  All  disbursement  of  the 
institute  fund  shall  be  made  upon  warrants  of  the  county  auditor  upon 
certified  itemized  bills  approved  by  the  county  superintendent  for  serv- 
ices rendered  or  expenses  incurred  in  connection  with  the  institute. 
Source:      Ch.     175,     S.     L.     1919. 

§  7428.  In  a  county  where  a  joint  institute  is  held,  it  shall 
be  the  duty  of  the  county  auditor  to  audit  all  bills  against  the  institute 
fund  and  all  disbursements  shall  be  made  by  the  county  auditor  of  such 
county  upon  certified  itemized  bills  approved  by  a  majority  of  the  county 
superintendents  holding  such  joint  institute.  Provided  that  the  records  of 
such  joint  institute  shall  be  made  a  permanent  part  of  the  records  of  the 
office  of  the  county  superintendent  in  the  county  in  which  such  joint 
institute   is   held. 

Source:      Ch.     175,     S.     L.     1919. 

§  7429.  Expense  Shared.  Counties  holding  a  joint  institute  shall 
share  the  expense  of  such  institute  in  such  proportion  as  the  number  of 
children    enumerated    in   the   school    census    of    each    county    bears    to    the 

17 


total  number  of  children  enumerated   in   the  counties   so   combined   in   the 
institute. 

Source:      §     41,    Ch.     135,     1907. 

§  7430.  Share  Determined.  The  county  superintendents  of  the  coun- 
ties combined  for  institute  purposes  shall  determine  each  county's  share 
of  the  expense  of  the  institute  as  above  provided  and  shall  send  a  certified 
statement  of  the  same,  signed  by  a  majority  of  the  county  superintendents 
to  the  auditor  of  each  county  so  combined,  whereupon  each  county  auditor 
so  notified  shall  issue  a  warrant  on  the  institute  fund  in  favor  of  the  county 
treasurer  of  the  county  in  which  the  institute  was  held  for  his  county's 
share  of  such  expense  and  such  county  treasurer  shall  place  it  to  the  cred- 
it of  the  institute  fund  of  his  county. 

Source:      §     41,    Ch.    135,    1907. 

§  7431.  Summer  Schools.  The  Superintendent  of  Public  In- 
struction may  approve  summer  schools  conducted  by  normal  schools  and 
colleges  of  this  state  for  attendance  of  teachers;  provided,  that  when  the 
county  superintendents  of  two  or  more  counties  deem  it  to  be  for  the 
best  interests  of  the  teachers  and  the  schools  of  their  repective  counties, 
they  may  hold  a  joint  summer  school  of  at  least  six  weeks  duration,  in 
which  the  regular  normal  work  shall  be  given,  and  all  summer  schools  as 
defined  in  this  section  shall  be  considered  normal  schools  for  accreditment 
toward  teachers'  certificates.  The  course  of  study  and  corps  of  instruc- 
tors and  lecturers  shall  be  subject  to  the  approval  of  the  Superintendent 
of  Public  Instruction  and  the  expense  of  such  summer  school  shall  be 
apportioned  among  the  several  counties  participating,  on  the  basis  of  the 
number  of  children  of  school  age  in  each  county,  and  shall  be  paid  from 
the  county  institute  and  professional  fund  in  the  same  manner  as  herein- 
before provided  for  joint  institutes.  A  reasonable  tuition  charge  in  such 
summer  schools  may  be  made. 

Provided  that  the  records  of  such  joint  summer  school  including  the 
credits  earned  by  students  in  attendance  thereat,  shall  be  made  a  perma- 
nent record  in  the  office  of  the  county  superintendent  in  which  such  joint 
summer  school  is  held,  and  a  certified  copy  of  the  same  filed  in  the  office 
of  each  county  superintendent  paricipating  in  such  joint  summer  school. 
No  county  superintendent  shall  agree  to  take  part  in  any  such  summer 
school  without  first  securing  the  formal  consent  of  the  board  of  county 
commissioners  of  his  county;  provided  further,  that  the  county  commis- 
sioners may  in  their  judgment  make  such  an  appropriation  for  the  main 
tenance  of  such  summer  school  as  they  may  deem  necessary. 

Provided  further,  that  in  counties  holding  a  joint  summer  school  a 
sufficient  portion  of  the  county  institute  fund  shall  be  set  aside  for  the 
maintenance  of  the  county  normal  institute  in  each  county  as  heretofore 
provided. 

Source:      Ch.     175,     S.     L.     1919. 

§  7432.  Persons  Excused  From  Attending.  Any  holder  of  a  first  or 
higher  grade  certificate,  in  force,  who  has  regularly  attended  at  least  four 
normal  institutes  may  be  excused  by  the  county  superintendent  or  super- 
intendent of  public  instruction  from  attendance  at  the  county  institute  for 
the  current  year. 

Source:      §     64,     Ch      135.     1907. 


ARTICLE   3. 
SCHOOL    APPORTIONMENT 


§   7433.     County    Treasury,    Duty.  §    7434.     County    General    School    Fund. 

§  7433.  County  Treasurer,  Duty.  The  county  treasurer  shall  on  or 
before  the  fifth  day  of  January  and  July  furnish  the  county  superintendent 
with  a  statement  of  all  money  in  the  county  treasury  belonging  to  the 
county  general  school  fund,  and  shall  pay  the  same,  upon  the  order  of  the 
superintendent,  to  the  treasurers  of  the  respective  public  school  corpora- 
tion of  the  county.  The  county  treasurer  shall  also  pay  at  such  times  as 
are  required  by  law,  to  the  treasurer  of  each  school  corporation,  all  of 
the  school  money  collected  for  such  corporation,  and  shall  take  duplicate 
receipts  for  the  money  paid.  He  shall  send  one  of  the  receipts  to  the 
clerk  of  such  school  corporation. 

Source:      §    48,    Ch.    135,    1907. 

§  7434.  County  General  School  Fund.  The  county  general  school 
fund  to  be  thus  apportioned  shall  consist  of  the  money  received  from 
the  income  of  the  permanent  school  fund  of  the  state,  as  apportioned 
to  the  several  counties  by  the  commissioner  of  school  and  public  lands, 
the  money  derived  from  the  tax  levy  of  one  dollar  on  each  elector  in  the 
county,  and  the  net  proceeds  of  all  fines  for  violation  of  state  laws. 
Source:     §    50,    Ch.    135,    1907. 


ARTICLE    4. 
COUNTY    CONTESTS 


§   7435.     Power    Given     to     County    Su-  sioners. 

perintendent.  §    7438.     Limitation      of      Expenditures. 

§    7436.     Annual    Exhibit    and    Program.  §   7439.     County        Superintendent        to 

§   7437      Authority         to         Appropriate  Report     to     County     Auditor. 

Given     to     County     Commis- 

§   7435.      Power  Given  to  County  Superintendent.      The  county   super- 
intendent is   authorized   to  conduct  a   contest  in   agriculture,   in   the   indus- 
trial arts   or  in  home  economics,   among  the  pupils   enrolled   in   the  public 
schools  under  his  direct  supervision. 
Source:     §    1,    Ch.    188,    1913. 

§  7436.  Annual  Exhibit  and  Program.  Whenever  a  county  super- 
intendent shall  have  instituted  .any  such  contest,  he  shall  thereafter,  on 
such  date  as  he  may  designate'  hold  an  annual  exhibit  to  show  the  re- 
sults of  the  work  of  the  participants.  At  the  annual  exhibit  an  education- 
al program  shall  be  rendered,  which  shall  include  instruction  upon  matters 
pertaining  to  the  contest. 

Source:      §     2,    Ch.    188,    1913. 

§   7437.      Authority  to  Appropriate  Given  to      County      Commissioners. 

The  county  commissioners  of  any  county  wherein  the  county  superintend- 
ent has  organized  a  contest  among  the  pupils  of  the  public  schools,  as 
provided  for  in  this  article,  are  authorized  to  appropriate  from  the  county 
general  fund  the  sum  of  two  hundred  dollars,  at  the  first  regular  meeting 
of  the  county  commissioners  after  having  been  notified  by  the  county 
superintendent  that  a  contest  has  been  instituted;  provided  that  any  part 
of  such  appropriation  remaining  unused  on  January  first  next  succeeding 
the  appropriation  shall  revert  to  the  county  general  fund. 
Source:      §    3,    Ch.    188,    1913. 

19 


§  7438.  Limitation  of  Expenditures.  The  expenditures  in  connec- 
tion with  a  contest  shall  be  limited  to  the  awarding  of  prizes,  the  renting 
of  a  hall  or  room  for  the  annual  exhibit,  the  furnishing  of  material  to 
pupils  for  carrying  on  the  work  of  the  contest,  the  employing  of  lecturers 
for  the  program,  expert  assistants  for  judging  the  exhibit,  and  other  nec- 
essary incidental  expenses,  which  expenditures,  in  a  sum  not  exceeding 
two  hundred  dollars,  shall  be  paid  upon  itemized  vouchers  certified  to  by 
the  county  superintendent. 

Source:      §§    4,    5,    Ch.    188,    1913 

§   7439.      County  Superintendent  to  Report  to  County  Auditor.     At  the 

close  of  any  contest  conducted  by  the  county  superintendent  in  accordance 
with  the  provisions  of  this  article,  he  shall  make  a  written  report  to  the 
county  auditor,  which  shall  show  the  nature  of  the  contest  or  contests, 
the  program  rendered,  the  enrollment  of  pupils,  to  whom  prizes  were 
awarded,  and  the  amount  of  each  prize.  He  shall  also  file  with  the  county 
auditor  a  certified  and  itemized  statement  of   the  expenses  of  the   contest. 

Source:      §    6,    Ch.    188,    1913. 


CHAPTER    3. 
COMMON  SCHOOL  CORPORATIONS 


Article  1.  School   District. 

Article  2.  Elections. 

Article  3.  Officers. 

Article  4.  District   Boards,   Powers   and   Duties. 

Article  5.  Teachers   and   Schools. 

Article  6.  Unorganized  Counties. 

Article  7.  Unorganized  Territory. 


ARTICLE  1. 
SCHOOL   DISTRICTS 


§    7440. 
§   7441. 

§    7442. 
§    7443. 

§    7444. 


Definition.  §  7445. 

Existing    Boundaries    to    Con- 
tinue. §  7446. 

Division    of    County    Into.  §  7447. 

Distinctive     Name     Chosen  by       §  7448. 

District.  §  7449. 

Name    Given    by    Statute 


One  District  Formed  from 
Two    or    More. 

Division    of    Districts. 

Change    of    Boundaries. 

School    District    a   Corporation. 

School  Officers  in  New  Dis- 
tricts. 


§  7440.  Definition.  Any  territory  heretofore  or  hereafter  organized 
for  school  purposes,  not  included  in  any  independent  district,  is  defined  to 
be  a  common  school  district,  and  shall  be  governed  by  the  provisions  of 
this  chapter  except  when  a  contrary  intention  plainly  appears.  The  word 
"district,"  when  used  without  qualifications,  shall  be  understood  as  mean- 
ing a  common  school  district,  except  where  a  contrary  intention  plainly 
appears. 

§   7441.     Existing  Boundaries  to  Continue.      The     boundaries     of     all 
common  school  districts  shall  continue  as  established  when  this  code  takes 
effect,  until  changed  in  some  manner  authorized  by  law. 
Source:     §    67,    Ch.    135,    1907. 

§  7442.  Division  of  County  into.  It  shall  be  the  duty  of  the  board 
of  county  commissioners  to  divide  the  settled  portions  of  the  county  not 
organized    as    school    corporations    into    school    districts,    conforming    the 


20 


boundaries  to  the  boundaries  of  congressional  townships,  including  one  or 
more  such  townships  in  each  district,  as  it  may  deem  for  the  best  inter- 
ests of  the  schools,  but  forming  no  district  which  at  the  time  of  formation 
has  less  than  ten  children  of  legal  school  age. 

Source:      §    68,    Ch     135,    1907.  Koontz    v.    Brown,    15    S.    D.    74,    125    N. 

Relates  only  to  creation   of   new   dis-       W.    294. 
tricts,    not    to    division.      State    ex    rel. 

§  7443.  Distinctive  Name  Chosen  by  District.  Each  common  school 
district  in  this  state  may  choose  a  name  and  record  the  same  in  a  book  to 
be  kept  for  the  purpose  in  the  office  of  the  county  superintendent  of 
schools;  provided  that  such  county  superintendent  shall  refuse  to  record, 
as  the  name  of  any  district,  a  name  which  has  been  previously  chosen  and 
recorded  by  another  district  in  the  same  county. 

Source:     Chap.    142,    1911. 

§  7444.  Name  Given  by  Statute.  Every  common  school  district  not 
having  chosen  a  distinctive  name,  which  consists  of  a  civil  township,  shall 

be  named  the  school  district  of 

county,  state  of  South  Dakota,  with  the  name  of  the  civil  township  in- 
serted in  the  blank  before  the  word  "school,"  and  the  name  of  the  county 
in  which  it  is  situated  inserted  before  the  word  "county."  Every  school 
district  which  has  been  named  by  a  distinctive  name  shall  have  such  dis- 
tinctive name  inserted  in  the  blank  before  the  word  "school."  Every 
school   district   consisting  of  territory  not   organized   into   a   civil   township 

and  which  has  no  distinctive  name  shall  be  called  district  No  of 

county,  with  its  proper  number  inserted  in  the  blank 

after  the  word  "No.,"  and  the  proper  name  of  the  county  inserted. 
Source:     §    72,    Ch.    135,    1907. 

§  7445.  One  District  Formed  from  Two  or  More.  Upon  the  receipt 
of  a  petition  signed  by  a  majority  of  the  qualified  electors  of  any  civil 
township  having  two  or  more  districts,  the  county  commissioners  and  the 
county  superintendent  shall  declare  that  the  school  districts  therein  shall 
comprise  only  one  district;  and  the  county  superintendent  shall  appoint 
temporary  officers  for  such  school  district,  who  shall  serve  until  the  first 
annual  school  election  and  until  their  successors  are  elected  and  qualified. 

Source:     §    70,    Ch.    135,    1907.  districts.      State    ex   rel     Coatsworth    v. 

No    authority    to    create    a    new    dis-  Olson,    30   S.   D.    573,   139   N.   "W.   336. 

trict    by    division    of    an    existing    dis-  Includes        power        to        consolidate, 

trict   or  change   of  boundary  lines,   the  Stephens    et    al.    v.    Jones    et    al.,    24    S. 

foregoing   section    only   authorizing   re-  D.    97,   123   N.   W    705. 
adjustments    of   boundaries    of   existing 

§  7446.  Division  of  Districts.  Any  common  school  district  may  be 
divided  in  the  following  manner:  Plats  shall  be  prepared  showing  the 
several  districts  into  which  it  is  proposed  to  divide  such  district.  A  pe_ 
tition  shall  then  be  circulated  and  signed  by  a  majority  of  the  electors  of 
each  proposed  district,  to  which  petition  shall  be  attached  the  plat  of  the 
new  districts  to  which  such  petition  refers,  in  which  petition  it  shall  be 
stated  that  a  division  of  the  school  district  is  desired  in  accordance  with 
the  attached  plat.  Each  person  signing  such  petition  must  add  to  his  sig- 
nature his  place  of  residence  by  a  legal  description,  his  postoffice  address 
and  the  date  of  signing.  Such  petition,  having  been  circulated  and  signed, 
shall  have  attached  thereto  the  affidavit  of  the  person  circulating  the 
same,  stating  that  the  petition  was  signed  in  his  presence  by  the  persons 
whose  names  appear  thereon  at  the  times  stated  in  such  petition,  and  the 
petition  so  circulated  and  signed  shall  be  filed  in  the  office  of  the  county 
superintendent  of  schools.  If  the  petition  filed  as  aforesaid  contains  the 
names  of  a  majority  of  the  electors  of  each  of  the  proposed  districts  to 
which  such  petition  refers,  the  county  superintendent  of  schools,  with  the 
board  of  county  commissioners,  at  the  next  regular  April  meeting  of  such 

21 


board,  shall  proceed  to  divide  such  district  in  accordance  with  such  peti- 
tion and  plat,  if  in  their  judgment  such  division  ought  to  be  made,  and 
the  county  superintendent  shall  appoint  temporary  officers  for  each  new 
district,  who  shall  serve  until  the  first  annual  school  election  and  until 
their  successors  are  elected  and  qualified.  At  the  regular  meeting  of  the 
board  of  county  commissioners  in  July  following  such  division  the  board 
and  the  county  superintendent  shall  make  an  equitable  apportionment  of 
the  property  and  indebtedness,  other  than  bonded,  of  the  district  among 
the  new  districts  formed  therefrom;  provided  that  should  there  be  any 
bonded  indebtedness  outstanding  against  the  district,  the  county  commis- 
sioners shall  levy  a  tax  annually,  on  the  property  of  the  new  districts 
formed  therefrom,  sufficient  to  pay  the  interest  and  principal  of  the  bonds 
as  the  same  become  due.  The  county  treasurer  shall  apply  such  tax  to 
the  payment  of  such  bonded  indebtedness,  and  when  the  bonds  are  paid 
and  canceled  the  county  treasurer  shall  place  the  unused  balance  of  such 
tax,  if  any,  to  the  credit  of  the  districts  formed  therefrom. 

Source:      §      69,     Ch.      135,      1907;      Ch.  156    N.    W.    587. 
171,    1915.  Applicable     to     all     districts;      board 

As  judicial  powers  are  vested   in  the  and     superintendent     act     ministerially 

courts   the    commission    provided   for   in  only       State    ex   rel.    Koontz   v.    Brown, 

this    section    could    not    exercise    those  25    S.   D.    74,    125   N.    W.    294. 
powers.        The     apportionment     of     in-  County    Commissioners    and    superin- 

debtedness    is    not    judicial    action    but  tendent    divide    on    petition    signed    by 

purely   administrative    and    as    the    leg-  majority  '  of     electors.       State     ex     rel. 

islature   could  act  it  can  delegate  such  "Woodcock    v.    Chitty,    40    S.    D.    — ,    166 

action.      Smithwick    School    District    v.  N.    W.    633. 
Lincoln    School    District,    37    S.    D.    38, 

7446%.     Relating  to  School  Districts  in  More  Than  One  County 

§  1.  The  procedure  for  the  division  or  formation  of  any  common 
school  district,  when  such  district  or  proposed  district  shall  consist  of 
territory  in  two  or  more  counties,  shall  be  governed  as  far  as  practi- 
cable by  the  provisions  for  the  division  of  districts  generally,  as  pre- 
scribed in  section  7446  of  the  Revised  Code  of  1919,  except  as  hereinafter 
provided. 

§  2.  Upon  receipt  of  a  petition  for  the  division  or  formation  of  any 
such  school  district,  the  county  superintendent  of  either  county  shall  notify 
the  boards  of  county  commissioners  of  the  said  counties  and  it  shall  be  the 
duty  of  said  boards  of  county  commissioners  to  appoint  a  joint  commis- 
sion to  act  upon  the  petition.  Said  joint  commission  shall  perform  all  of 
the  duties  required  of  the  county  superintendent  and  county  commissioners 
in  said  section  7446,  at  the  time  and  in  the  manner  therein  provided;  Pro- 
vided, that  nothing  in  this  act  shall  apply  to  changing  the  boundaries  of 
any  such  school  districts,  when  such  change  affects  the  territory  of  one 
county  only. 

§  3.  After  completion  of  the  proceedings  for  division  or  formation 
of  such  school  districts,  the  county  superintendent  of  the  county  in  which 
the  school  house  of  said  district  is  located,  or  if  there  be  more  than 
one  school  house  in  said  district,  then  of  the  county  in  which  the  major 
portion  of  said  district  is  situated,  shall  fill  all  vacancies  in  the  school 
offices  of  said  district  that  may  occur  and  shall  have  jurisdiction  over  the 
said  schools  and  the  officers  and  teachers  thereof. 

Source:     Ch.    178,    S.    L,    1919. 

§  7447.  Change  of  Boundaries.  The  boundaries  of  school  districts 
may  be  changed  by  the  board  of  county  commissioners  and  the  county 
superintendent,  at  any  regular  meeting  of  such  board,  upon  a  petition  for 
such  change  signed  by  ten  legal  voters  residing  in  the  districts  to  be  af- 
fected by  the  proposed  change,  due  notice  having  been  given  by  the 
county  auditor  to  the  school  boards  of  the  districts  to  be  affected,  if  in 
the  judgment  of  the  commissioners  and  the  superintendent  such  change  is 

22 


for  the  best  interests   of  the  patrons   of  the  school;    provided  such  change 
shall  not  operate  to  increase  the  number  of  districts. 


Source:      §     73,    Ch     135,    1907. 

Not    applicable     to    independent    dis- 


tricts.    Colfix  v.  Caldwell,   37   S.  D.   243, 
147    N.    W.    661. 


§  7448.  School  District  a  Corporation.  Every  common  school  dis- 
trict shall  be  and  constitute  a  district  corporation  for  school  purposes,  and 
under  its  own  name  or  number  may  sue  and  be  sued,  contract  and  be  con- 
tracted with,  purchase,  hold  and  use  personal  and  real  property  for  the 
purposes  mentioned  in  this  chapter  and  sell  and  dispose  of  the  same. 

Source:      §    74,    Ch.    135,    1907. 

§   7449.      School    Officers    in    New    Districts.      In     each     new     district 

formed  by  division  or  organization  the  officers  thereof  shall  be  chosen   at 

the  annual  school  meeting  following  and,  when  a  district  shall  be  divided, 

the  clerk  of  the  original  school  district  divided  shall  on  or  before  the  first 

Tuesday   following  the   division   forward    to   the   county   auditor   a    certified 

statement   of    the   finances    of   the   district,    including   its    bonded    and    other 

indebtedness.     The  treasurer  of  each  original  district  shall  also,  within  the 

same  time,  turn  over  to  the  county  treasurer  all  money  belonging  to  such 

district,   and   such   money  shall   be  apportioned   to   the   districts   succeeding 

as  provided  in  the  preceding  sections. 

Source:      §    71,    Ch.    135,    1907.  divided  into  several  districts.     Security 

Duty  to  levy  tax  for  purpose  of  pay-        State   Bank   v.   Cavour    School   Dist ,    38 
ing    judgment    against    school    district       S.    D.    216,    160    N.    W.    850. 


ARTICLE    2. 
ELECTIONS 


§   7450.  Annual    Election. 

§   7451.  Notice. 

§   7452.  Who    May    vote. 

§   7453.  Judge    and    Clerk,    Polls    Open 


§  7454.  Voting,    Canvass,    Returns. 

§  7455.  Tie    Vote. 

§  7456.  Electors    May    Instruct. 

§  7457.  Special    Meetings    of    Electors. 


§  7450.  Annual  Election.  An  annual  school  district  election  shall  be 
held  upon  the  third  Tuesday  of  June  in  each  year. 

Source:      §    79,    Ch.    135,    1907. 

§   7451.      Notice.     Not    less    than    ten    days    before    such    election    the 
district  clerk  shall  post  notices  in  three  public  places  in  the  district.      Such 
notices   shall  specify  the  time   and  place  of  holding  the   election,   and   the 
hours  during  which  the  polls  will  be  kept  open. 
Source:      §     81,     Ch.     135,     1907. 

§  7452.  Who  May  Vote.  Any  person,  qualified  under  the  constitut- 
tion,  resident  of  the  county  ninety  days  and  of  the  district  thirty  days, 
shall  be  entitled  to  vote  at  such  election;  provided,  that  when  the  district 
lies  in  two  or  more  counties,  any  such  elector  shall  be  entitled  to  vote^  at 
such  election  if  a  resident  for  ninety  days  of  any  portion  of  such  district, 
though  not  a  resident  of  the  county  in  which  such  election  is  held. 
Source:      §      81,     Ch       135,      1907;      Ch.  141,     1907. 

§  7453.  Judge  and  Clerk,  Polls  Open.  The  chairman  and  clerk  of 
the  district  board  shall  serve  as  judge  and  clerk  of  the  election.  If  they 
are  not  present  at  the  time  of  opening  the  polls,  voters  present  may  select 
a  judge  and  clerk  from  their  number.  The  polls  shall  be  open  at  two  p.  m. 
and  kept  open  two  hours  in  a  district  having  but  one  school,  and  four 
hours  in  districts  having  more  than  one  school. 

Source:      §     81,    Ch.    135,    1907. 

§   7454.     Voting,    Canvass,   Returns.      The    voting    must    be    by   ballot, 

23 


and  the  polls  and  tally  list,  supplied  through  the  county  superintendent, 
must  be  kept  and  returned  to  the  district  clerk,  who  shall  upon  receipt  of 
the  same  issue  certificates  of  election  to  the  persons  receiving  the  great- 
est number  of  votes  as  shown  by  the  certified  returns. 

Source:      §     81,     Ch.     135,     1907. 

§   7455.     Tie  Vote.     In  case  of  a  tie  in  the  election  of  an  officer,  the 
contest  shall  be  settled  at  once  by  lot  by  the  election  board. 
Source:     §    81,    Ch.    135,    1907. 

§  7456.  Electors  May  Instruct.  At  the  annual  common  school 
district  election  the  electors  shall  have  the  authority  to  instruct  the 
board  in  matters  pertaining  to  the  management  of  the  schools  for  the 
coming  year.  They  shall  be  called  to  order  for  this  purpose  at  three 
o'clock  P.  M.  or  as  soon  thereafter  as  practicable.  The  Chairman  of  the 
school  district  board  shall  act  as  chairman  of  the  meeting  and  the  Clerk 
shall  keep  the  minutes  of  the  meeting  in  the  permanent  records  of  the 
school  district.  At  this  meeting  the  electors  may  instruct  the  board  per- 
taining to  the  branches  to  be  taught,  in  addition  to  those  hereinafter  pre- 
scribed; the  time  at  which  the  schools  of  the  district  shall  be  held;  the 
amount  of  tax  levy;  the  repair  of  the  school  house,  fixtures  and  outbuild- 
ings; the  erection  of  a  new  school  house,  teacher's  home,  or  such  other 
buildings  as  they  may  deem  necessary,  the  purchase  of  lands,  or  the  sale 
of  any  buildings,  land,  or  other  property  belonging  to  the  district,  and 
upon  any  other  subject  pertaining  to  the  schools;  and  it  shall  be  the  duty 
of  the  district  board  to  carry  into  execution  as  speedily  as  possible  all 
such  instructions  that  have  received  a  majority  vote  of  the  electors  of  the 
district  present  at  the  meeting;  provided  that  it  shall  be  the  duty  of  the 
district  board  to  equally  furnish,  equip  and  supply  all  the  schools  in  the 
district  according  to  the  several  necessities  of  such  schools,  and  with  as 
nearly  equal  school  advantages  as  possible;  provided,  further,  that  nothing 
contained  herein  shall  prevent  the  district  board  from  exercising  a  sound 
discretion  as  to  all  matters  pertaining  to  its  duties  not  expressly  provided 
for  by  law.  At  this  meeting  it  shall  be  the  duty  of  the  clerk  and  treasurer 
to  give  approximately  the  facts  that  will  be  contained  in  their  respective 
reports. 

Source:      Ch.    176,    S.    L.    1919. 

§  7457.  Special  Meetings  of  Electors.  In  any  common  school  district 
five  legal  voters  may  petition  the  clerk  to  call  a  special  meeting  of  the 
voters  at  any  time,  and  it  shall  be  the  duty  of  the  clerk  to  call  such  meet- 
ing by  posting  notices,  at  least  ten  days  prior  to  the  time  of  the  meeting, 
in  three  of  the  most  public  places  in  the  district.  Such  notices  shall  give 
the  date,  hour  and  object  of  the  meeting. 

Source:      §    93,    Chap.    135,    1907. 


ARTICLE  3 
OFFICERS 


§   7458.  District    Board.  §   7473. 

§   7459.  Qualify,    "When,     How. 

§   7460.  Failure     to     Qualify.  §   7474. 

§   7461.  Bond    of    Treasurer.  §   7475. 

§   7462.  Bond    of    Clerk.  §   7476. 

§   7463.  New    or    Additional    Bond.  §    7477. 

§   7464.  Bond    and    Oath    Filed. 

§   7465.  Not    Act    Until    Qualified.  §    7478. 

§   7466.  Temporary    Officers.  §   7479. 

5   7467.  Vacancies.  §   7480. 

§   7468.  Incapacity. 

§   7469.  Meetings    of    Board.  §   7481. 

§   7470.  Chairman,    Duties.  §   7482. 

§   7471.  Duties    of    Clerk.  §    7483. 

5  7472.  Duties    of    Clerk,    Annual    Re- 
port. 


Duties  of  Clerk,  District 
Meetings. 

Duties   of   Clerk,    Warrants. 

Treasurer,     Duties. 

Treasurer,    Warrants. 

Warrants,  Manner  of  Draw- 
ing. 

Salaries. 

School    Officers    Not    Teach. 

Failure  of  Officers  to  Report, 
Penalty. 

False    Report. 

Power     to     Administer     Oaths. 

Failure  to  Make  Annual  Re- 
port. 


§  7458.  District  Board.  The  board  of  each  common  school  district 
shall  consist  of  a  chairman,  a  clerk  and  a  treasurer,  who  shall  be  elected 
at  the  time  of  the  school  district  annual  election,  each,  for  a  term  of  three 
years,  as  follows:  A  chairman  in  1922  and  every  three  years  thereafter; 
a  clerk  in  1920  and  every  three  years  thereafter;  and  a  treasurer  in  1921 
and  every  three  years  thereafter.  Provided,  that  school  officers  duly 
elected  and  qualified  at  the  time  this  code  takes  effect  shall  continue  to 
serve  until  the  expiration  of  their  respective  terms  of  office. 
Source:     §    80,    Ch.    135,    1907. 

§  7459.  Qualify,  When,  How.  Each  officer  elected  under  the  provi- 
sions of  this  article  shall  qualify,  on  or  before  the  second  Tuesday  in  July 
following  his  election,  by  taking  the  constitutional  oath  and  filing  the  bond 
as  hereinafter  prescribed. 

Source:      §     82,    Ch.    135,    1907. 

§  7460.  Failure  to  Qualify.  If  any  person  appointed  or  elected  to  a 
common  school  district  office  shall,  for  one  month  after  the  time  fixed  by 
law,  fail  to  qualify  or  give  bond  as  provided  by  law,  or  if  any  such  district 
shall  for  any  reason  fail  to  elect  any  person  to  succeed  the  school  officer 
whose  term  shall  have  expired,  the  office  shall  be  deemed  vacant  and  the 
county  superintendent  shall,  when  notified  of  such  vacancy,  proceed  to 
fill  the  same  by  appointment  and  such  appointee  shall  hold  the  office  until 
the  next  annual  school  election,  when  a  successor  shall  be  elected  to  fill 
the  unexpired  term  of  such  office. 

Source:      §    83,   Ch.   135,   1907;  Ch.   138, 

1911.  * 

§  7461.  Bond  of  Treasurer.  The  school  treasurer  shall,  on  or  before 
the  second  Tuesday  in  July  following  his  election,  and  before  entering  upon 
his  duties,  give  a  bond  to  the  school  district,  conditioned  that  he  will  hon- 
estly and  faithfully  discharge  his  duties  as  treasurer;  that  he  will  render 
a  true  account  of  all  funds  and  property  that  shall  come  into  his  hands, 
and  pay  and  deliver  the  same  according  to  law;  provided,  that  a  bona  fide 
deposit  of  school  funds  in  the  name  of  the  school  district  in  any  bank  or 
depositary  selected  by  a  majority  of  the  school  electors  of  any  school  dis- 
trict shall  relieve  the  school  treasurer  from  liability  for  loss  of  such  depos- 
ited funds  while  on  deposit  therein.  Such  bond  shall  be  in  such  penal  sum 
as  may  be  fixed  by  the  clerk  and  chairman  of  the  board,  but  not  less  than 
double  the  sum,  as  nearly  as  can  be  ascertained,  to  come  into  the  treasur- 
er's hands  in  any  one  year,  shall  be  signed  by  two  or  more  sufficient  sure- 
ties, and  shall  be  approved  by  the  clerk  and  chairman  of  the  board;  pro- 
vided, that  in  all  cases  where  the  bond  required  of  the  treasurer  shall  be 


25 


greater  than  one  thousand  dollars,  the  treasurer-elect  may  secure  a  surety 
bond  subject  to  the  approval  of  the  clerk  and  chairman  of  the  board,  the 
same  as  other  bonds,  and  the  cost  of  such  bond  shall  be  paid  by  the  dis- 
trict. In  case  the  chairman  and  clerk  refuse  or  neglect  to  approve  the 
bond  of  the  district  treasurer  and  the  sureties  thereon,  such  treasurer  may 
present  the  same  to  the  county  superintendent  and  serve  notice  thereof 
upon  such  chairman  and  clerk;  and  upon  due  proof  of  such  notice  being 
made  to  the  county  superintendent,  he  shall,  unless  good  cause  for  delay 
appear,  proceed  to  hear  and  determine  the  sufficiency  of  the  bond  and 
sureties  thereon,  and  may  approve  the  same,  and  such  approval  shall  be  in 
all  respects  valid.  Whenever  a  treasurer  of  a  school  district  by  election 
or  appointment  becomes  his  own  successor  he  shall  give  a  new  bond,  and 
all  such  officers  shall  qualify  anew  upon  entering  upon  a  new  term. 

Source:      §    85,    Ch.    135,    1907.  10. 

School     district     treasurer     liable     on  Liability     of     treasurer     for     loss     of 

bond     for     money     deposited     in     bank  school      funds      as      that      of      insurer, 

which     afterwards     failed.       De     Rock-  Board    of    Education    v.    Nelson,    33    N. 

braine    School    Dist.    No.    1    v.    Northern  D.    462,    157    N.    W.    664. 
Casualty   Co.,    36    S.    D.    392,    155    N.    W. 

§  7462.  Bond  of  Clerk.  The  clerk  of  the  school  board  shall,  on  or 
before  the  second  Tuesday  in  July  following  his  election,  and  before  enter- 
ing upon  his  duties,  give  a  bond  to  the  school  district  conditioned  that  he 
will  honestly  and  faithfully  discharge  his  duties  as  clerk,  that  he  will  ren- 
der a  true  account  of  all  property  that  shall  come  into  his  hands  as  clerk 
and  deliver  the  same  according  to  law.  Such  bond  shall  be  in  the  penal 
sum  of  one  hundred  dollars,  shall  be  signed  by  two  or  more  sufficient 
sureties,  and  shall  be  approved  by  the  chairman  and  treasurer.  In  case 
of  neglect  or  refusal  to  approve  such  bond,  it  shall  be  approved  in  the 
manner  provided  in  the  preceding  section  for  approval  of  the  bond  of  the 
treasurer. 

Source:      §    86,    Ch.    135,    1907. 

§  7463.  New  or  Additional  Bond.  The  county  superintendent  may 
require  a  new  or  additional  bond  for  the  district  officers  whenever  deemed 
necessary  by  him,  or  upon  the  failure,  death  or  removal  from  the  county 
of  any  one  of  the  sureties.  In  case  of  the  breach  of  any  condition  of  any 
official  bond  the  county  superintendent  shall  cause  an  action  to  be  com- 
menced and  prosecuted  thereon  in  the  corporate  name  of  the  school  dis- 
trict, and  all  moneys  so  collected  shall  be  paid  into  the  county  treasury,  to 
be  applied  to  the  use  of  the  schools  of  such  district.  If  the  county  super- 
intendent either  fail  or  refuse  to  bring  such  action  upon  the  breach  of  the 
bond,  any  taxpayer  of  the  district  may  cause  such  action  to  be  com- 
menced, and  the  necessary  expenses  of  such  action  shall  be  paid,  unless 
otherwise  ordered  by  the  court,  out  of  the  county  treasury  from  the  funds 
apportioned  to  such  district. 
Source:      §    88,    Ch.    135,    1907. 

§   7464.      Bond  and  Oath  Filed.      All   official   bonds   of   school   district 
officers  shall  be  filed  with  the  county  auditor,  and  he  shall  give  the  county 
superintendent   immediate   notice  of   the   same.      The    oaths    and    reports   of 
school  district  officers  shall  be  filed  with  the  county  superintendent  . 
Source:      §    89,    Ch.    135,    1907. 

§  7465.  Not  Act  Until  Qualified.  No  officer  of  the  school  district 
shall  perform  any  duties  of  his  office  nor  receive  any  of  the  property, 
money,  books  or  papers  belonging  to  his  office,  nor  any  money  from  the 
county  treasurer  or  warrants  thereon,  until  he  has  fully  qualified  as  re- 
quired by  law. 

Source:      §    87,    Ch.    135,    1907. 

§   7466.      Temporary    Officers.     Whenever    a    school    district    shall    be 

26 


formed,    the    county    superintendent    shall    appoint    temporary    officers    for 
such  school  district,  who  shall  serve  until  the  first  annual  school   election 
following  and  until  their  successors  are  elected  and  qualified. 
Source:      §    90,    Ch.    135,    1907. 

§  7467.  Vacancies.  Whenever  a  vacancy  may  occur,  from  any  cause 
in  any  school  district  office  under  the  direct  supervision  of  the  county  su- 
perintendent, he  shall  fill  such  vacancy  by  appointment,  and  such  officer 
shall  hold  office  until  the  next  election,  when  the  vacancy  shall  be  filled 
by  a  vote  of  the  electors. 

Source:      §    91,   Ch.    135,    1907.  vacancy  at      the      succeeding-     annual 

The    right    of    one    appointed    to    All  election.  State    ex    rel.    Alexander    v. 

a    vacancy    to    hold    office    expires    on  Biggins,  28    S.    D.    41,    132    N.    W.    677. 

the     election     of     another     to     fill     the 

§  7468.  Incapacity.  If  from  sickness  or  any  other  cause  an  officer 
shall  become  incapacitated  or  unable  to  attend  to  the  duties  of  his  office 
the  fact  shall  be  certified  to  the  county  superintendent  by  the  clerk  of  the 
school  district.  If  the  clerk  fails  to  notify  the  county  superintendent  of 
any  vacancy  that  may  exist,  it  shall  be  the  duty  of  the  remaining  officer 
or  officers  to  do  so,  and  a  successor  shall  be  appointed  to  fill  such  vacancy, 
and  such  appointment  shall  hold  until  the  next  regular  election. 
Source:      §     91,    Ch.    135,    1907. 

§  7469.  Meetings  of  Board.  District  boards  shall  hold  regular  meet- 
ings each  year  for  the  transaction  of  business  on  the  second  Tuesday  in 
July,  the  last  Tuesday  in  November  and  the  last  Tuesday  in  March,  at 
such  place  and  hour  as  may  be  fixed  by  the  school  board;  provided,  that 
the  district  clerk  shall,  when  requested  by  a  majority  of  the  board,  call 
a  special  meeting  at  any  time  by  giving  written  notice  to  each  member  of 
the  board. 

Source:      §    92,    Ch.    135,    1907. 

§  7470.  Chairman,  Duties.  The  chairman  shall  preside  at  all  meet- 
ings of  the  board.  In  his  absence  the  chairman  pro  tempore  shall  preside. 
The  chairman  shall  perform  such  other  duties  as  are  prescribed  by  this 
code. 

Source:      §    94,    Chap.    135,    1907. 

§  7471.  Duties  of  Clerk.  The  clerk  of  the  board  shall  keep  an  accu- 
rate record  of  all  proceedings  of  the  board,  give  or  post  all  notices,  make 
out  all  reports  and  statements,  shall  take  census  of  the  children  of  legal 
school  age  in  his  district  as  hereinafter  provided,  and  pefform  all  other 
duties  required  by  law  or  by  order  of  the  board. 
Source:      §    95,    Ch.    135,    1907. 

§  7472.  Duties  of  Clerk,  Annual  Report.  The  clerk  of  each  district 
shall,  on  or  before  the  first  day  of  August  of  each  year,  make,  to  the 
county  superintendent,  an  annual  report  in  writing  covering  the  preceding 
school  year  and  including  all  the  facts  and  statistics  of  the  school  district 
which  are  required  to  be  included  in  the  county  superintendent's  state 
report  and  in  the  same  order  therein  required,  except  any  item  therein 
peculiar  to  the  county  and  not  belonging  to  the  district.  He  shall  also  re- 
port the  branches  of  study  in  the  graded  and  ungraded  schools  separately, 
the  names  and  addresses  of  the  district  school  officers,  and  the  dates  when 
their  terms  severally  expire,  and  all  other  facts  and  statistics  which  the 
county  superintendent  may  require  for  his  report  to  the  superintendent 
of  public  instruction. 

Source:      §     96,     Ch.     135,     1907. 

§  7473.  Duties  of  Clerk,  District  Meeting.  The  district  clerk  shall 
be  clerk  of  all  district  meeting,   but  if  such   clerk  shall  not  be  present,   or 

27 


being  present  shall  refuse  to  act  at  such  district  meeting,  the  voters  pres- 
ent may  appoint  a  clerk  for  such  meeting,  who  shall  certify  the  proceed- 
ings thereof,  and  the  same  shall  be  recorded  by  the  clerk  of  the  district. 

Source:      §    97,    Ch.    135,    1907. 

§  7474.  Duties  of  Clerk,  Warrants.  The  clerk  shall  draw  and  sign 
all  warrants  for  the  payment  of  money  for  purposes  legally  ordered  by  the 
board,  and  every  such  warrant  shall  be  countersigned  by  the  chairman  of 
the  board.  No  warrant  shall  be  drawn  by  the  clerk  except  upon  the  pres- 
entation of  a  bill  for  the  service  rendered,  duly  certified,  and  the  same 
shall  be  retained  by  him  as  a  voucher  and  placed  on  file  in  his  office. 
Source:      §    98,    135,    1907. 

§  7475.  Treasurer,  Duties.  The  school  treasurer  shall  keep  such  ac- 
counts and  make  such  reports  as  are  required  of  him  by  law.  He  shall 
pay  no  money  out  of  the  school  funds  in  his  hands  except  upon  the  war- 
rant of  the  school  board,  signed  by  the  clerk  and  countersigned  by  the 
chairman.  He  shall  pay  all  warrants  properly  drawn  and  signed  when  pre- 
sented, so  long  as  there  is  any  money  in  his  hands  or  subjects  to  his  order 
for  their  payment,  and  shall  draw  all  money  in  the  hands  of  the  county 
treasurer  belonging  to  his  district,  at  least  once  every  three  months  in 
each  year. 

Source:      §    102,    Ch.    135,    1907. 

§  7476.  Treasurer,  Warrants.  Whenever  a  warrant  is  presented  to 
the  treasurer  for  payment,  and  there  is  no  money  in  his  hands  or  subject 
to  his  order  for  the  payment  of  such  warrant,  he  shall  indorse  on  such 
warrant  "Presented  for  payment  this  day  of   19 

and  not  paid  for  want  of  funds,"  and  sign  such  indorsement.  If  he  has 
in  his  hands  or  subject  to  his  order  money  for  the  part  payment  of  such 
warrant,  he  shall  make  such,  part  payment  and  indorse  the  sum  on  the 
warrant  and  add  "Balance  not  paid  for  want  of  funds,"  signing  the  same. 
He  shall  keep  a  correct  register  of  all  warrants  so  presented  and  indorsed. 
Every  warrant  thus  presented  and  indorsed  shall  draw  interest  for  the 
amount  unpaid  at  seven  per  cent  per  annum  until  paid:  Provided,  that 
whenever  there  shall  come  into  the  hands  of  the  treasurer,  or  subject  to 
his  order,  money  applicable  to  the  payment  of  any  warrant  which  has 
been  so  presented  and  registered,  the  treasurer  shall  notify  in  writing,  by 
mail,  the  drawee  of  such  warrant,  at  last  known  place  of  residence,  to 
present  such  warrant  for  payment,  and  interest  shall  cease,  upon  every 
such  warrant,  within  ten  days  after  such  notice  shall  have  been  sent  and 
such  money  shall  be  held  for  the  payment  of  such  warrant. 

Source:      §    103,    Ch.    135,    1907. 

§  7477.  Warrants,  Manner  of  Drawing.  Every  warrant  drawn  by 
the  clerk  of  the  district  board  on  the  district  treasurer  shall  specify  the 
purpose  for  which  the  money  is  paid,  the  fund  on  which  it  is  drawn,  and 
the  person,  firm  or  corporation  to  whom  paid;  provided,  that  no  warrant 
shall  be  issued  except  for  indebtedness  incurred  prior  to  its  issue. 

Source:      §     104,    Ch.     135,    1907. 

§  7478.  Salaries.  The  chairman  shall  receive  an  annual  salary  of 
five  dollars,  and  such  remuneration  for  attending  meetings  of  the  school 
officers  as  is  hereinbefore  provided,  and  shall  receive  no  other  compensa- 
tion for  his  services  as  a  district  officer.  The  district  clerk  shall  receive 
a  salary  of  five  dollars  per  annum  for  every  school  or  department  thereof 
in  the  district,  and  in  like  manner  the  district  treasurer  shall  receive  five 
dollars  per  annum  for  every  school  or  department  thereof  in  the  district: 
Provided,  that  in  computing  the  salary  of  such  officers  no  school  shall  be 
included  unless  the  same  shall  have  been  taught  at  least  three  months  of 
the    preceding    school    year;    provided,    that    such    salary    shall    not    exceed 

28 


twenty-five  dollars  per  annum  for  the  treasurer.  They  shall  each  receive 
additional  renumeration  for  attending  meetings  of  the  school  officers  as 
hereinbefore  provided:  Provided,  further,  that  the  county  superintendent 
shall,  upon  receipt  of  the  annual  report  of  the  clerk  and  treasurer,  if  cor- 
rect, complete,  and  received  on  or  before  August  first  of  each  year,  notify 
the  chairman  of  the  school  board  that  such  reports  have  been  received. 
Thereupon  the  chairman  of  the  school  board  shall  sign  the  warrant  for 
their  annual  salary  and  no  part  of  such  salary  shall  be  paid  until  such 
notice. 

Source:      §    105,    Ch.    135,    1907. 

§  7479.     School  Officers  Not  Teach.     No  school   officer  shall   be  em- 
ployed to  teach,  or  to  draw  public  money  as  a  teacher  in  any  district,  while 
holding   such    office,    except    by   permission    of    the    county   superintendent. 
Source:      §    106,    Ch.    135,    1907. 

§  7480.  Failure  of  Officers  to  Report,  Penalty.  Any  school  district 
officer  who  is  required  by  law  to  make  a  report  to  any  other  county  or 
school  district  officer,  and  who  shall  wilfully  neglect  to  make  such  report 
or  fail  to  perform  any  of  his  official  duties,  shall  forfeit  and  pay  to  the 
school  funds  of  such  county  or  district  a  penalty  of  not  less  than  ten  dol- 
lars nor  more  than  fifty  dollars,  to  be  recovered  from  such  delinquent 
officer,  or  from  him  and  the  sureties  on  his  official  bond,  in  a  civil  action 
to  be  brought  by  the  states  attoney  in  any  court  having  jurisdiction. 

Source:      §    128,    Ch.    135,    1907. 

§  7481.  False  Report.  Any  clerk  or  treasurer  of  a  school  district 
who  shall  wilfully  sign  or  transmit  a  false  report  to  the  county  superin- 
tendent, or  wilfully  sign,  issue  or  publish  a  false  statement  of  facts  pur- 
porting or  appearing  to  be  based  upon  books,  accounts  or  records,  of  the 
affairs,  resources  and  credit  of  the  school  district,  shall  upon  conviction  be 
punished  by  a  fine  of  not  exceeding  fifty  dollars  or  by  imprisonment  in  the 
county  jail  not  exceeding  fifteen  days.  Any  clerk  or  treasurer  of  a  school 
district  who  shall  wilfully  mutilate  or  destroy  any  of  the  books,  accounts 
or  records  of  his  office,  or  who  shall  refuse  to  deliver  to  his  successor  in 
office  all  the  books,  accounts  and  records  of  his  office  on  demand  of  his 
successor  shall  be  deemed  guilty  of  a  misdemeanor,  and  it  shall  be  the  duty 
of  such  successor  to  begin  action  immediately  upon  the  official  bond  of 
such  officer  for  recovery  of  such  money  or  other  property. 

Source:      §    127,    Ch.    135,    1907. 

§  7482.  Power  to  Administer  Oaths.  District  clerks  and  chairmen 
are  empowered  to  administer  oaths  in  all  matters  in  which  their  respective 
districts  may  be  a  party. 

Source:      §     45,    Ch.    135,    1907. 

§  7483.  Failure  to  Make  Annual  Report.  If  any  district  officer  fails 
or  neglects  to  transmit  or  deliver  to  the  county  superintendent  the  annual 
report  of  his  district  at  the  time  required  by  law,  it  shall  become  the  duty 
of  the  county  superintendent  to  visit  such  district  officer  at  his  residence 
in  such  district  and  obtain  such  report.  Upon  sworn  statement  of  such 
visit  being  filed  with  the  county  auditor,  the  county  commissioners  shall 
order  the  sum  of  five  dollars  to  be  transferred  from  the  general  fund  of 
such  district  to  the  county  general  fund  and  a  county  warrant  for  that 
amount  shall  be  issued  to  the  county  superintendent. 

Source:      §    52,    Ch.    135,    1907. 


29 


ARTICLE   4 
DISTRICT    BOARDS,    POWERS    AND    DUTIES 


§   7484.  General     Control. 

§    7485.  Transportation. 

§   7486.  Make   Repairs. 

§   7487.  Water    Closets. 

§    7488.  Employ    Teachers. 

§   7489.  Nonresident     Pupils. 

§   7490.  School    Discontinued. 

§   7491.  Appeal     from     Order     Closing. 

§   7492.  Appeal,    General. 

§   7493.  Board     Assist     Teacher. 

§    7494.  Removal     of     School     House. 

§   7495.  Board     to     Execute     Orders    of 

Electors. 

§   749.7.  Conveyance    of    Site. 


§  7498. 

§  7499. 

§  7500. 
§  7501. 
§  7502. 
§  7503. 
§  7504. 

§  7505. 

§  7506. 
§  7507. 


Assessor  Furnish  Property 
List    to    Clerk. 

Annual  Meeting  of  Board, 
Tax    Levy. 

Commissioners     Levy     Tax. 

Notice  of  Tax  Levy  to  Auditor. 

Treasurer's    Settlement. 

Accounts,    How    Kept. 

County  Superintendent  Ap- 
prove   Reports. 

Books  and  Reports  Open  to 
Inspection. 

Trees    and    Shrubs. 

Civic    Meetings. 


§  7484.  General  Control.  The  district  school  board  shall  have  gen- 
eral charge,  direction  and  management  of  the  schooi  or  schoo  s  of  tec  dis- 
trict, and  the  care,  custody  and  control  of  all  the  property  belonging  to 
it,  subject  to  the  provisions  of  this  chapter.  It  shall  organize,  maintain 
and  conveniently  locate  schools  for  the  education  of  all  children  of  school 
age  within  the  district.  If  a  petition  signed  by  the  persons  charged  with 
the  support  and  having  the  care  and  custody  of  seven  or  more  children  of 
school  age,  all  of  whom  reside  not  less  than  three  miles  from  the  nearest 
school,  is  presented  to  the  board  asking  for  the  organization  of  a  school  for 
such  children,  the  board  shall  organize  such  school  and  employ  a  teacher 
therefor,  if  a  suitible  room  can  be  leased  or  rented  at  some  proper  loca- 
tion not  more  than  three  miles  distant  from  the  residence  of  any  one  of 
such  children. 

personally  liable  on  contracts  made 
by  them  exceeding,  debt  limit  and  in 
excess     of     power.  Kenmare     School 

Dist.  No.  28  v.  Cole,  36  N.  D.  32,  L. 
R.    A.    1917D,    516,    161    N.    W.    542. 


Source:      §    107,   Ch.    135,    1907. 

School  boards  have  no  other  pow- 
ers than  those  which  statutes  confer 
upon  them  Pronovost  v.  Brunette, 
36    N.   D.    288,    162   N.    W.    300. 

Officers    of    school    district    are     not 


§  7485.  Transportation.  When  pupils  reside  more  than  two 
and  one-half  miles  from  the  nearest  school  house  in  the  school  district 
and  not  to  exceed  three  miles,  the  parent,  guardian,  or  pupil  shall  receive 
from  his  school  district  ten  cents  per  day  for  each  pupil;  if  more  than 
three  miles  and  not  to  exceed  four  miles,  twenty  cents  per  day;  if  more 
than  four  miles  and  not  to  exceed  five  miles,  thirty  cents  per  day;  if  more 
than  five  miles,  forty  cents  per  day;  Provided,  however,  that  in  cases 
where  more,  than  one  pupil  from  any  family  receives  compensation  under 
the  provisions  of  this  section,  the  total  amount  allowed  for  any  one  fam- 
ily shall  not  exceed  twenty  cents  for  traveling  three  miles  or  under,  forty 
cents  for  traveling  between  three  and  four  miles,  sixty  cents  for  traveling 
between  four  and  five  miles,  and  eighty  cents  for  traveling  five  miles  or 
more;  Provided,  that  such  financial  provision  shall  be  only  for  actual 
attendance  at  public  school  and  conditioned  that  the  district  in  no  way 
furnish  means  of  conveyance;  provided,  that  when  any  pupil  shall  have 
passed  the  eighth  grade,  such  pupil,  his  parents  or  guardian  shall  not  re- 
ceive payment  for  transportation  to  or  from  school.  Provided,  that  when 
pupils  reside  nearer  some  school  in  another  district,  the  school  board  or 
board  of  education  may  make  arrangements  for  the  schooling  of  such 
pupils  at  such  other  school  by  paying  tuition  at  the  rate  of  three  dollars 
per  month  for  each  pupil  so  enrolled  from  any  such  district  unless  some 
other  rate  be  agreed  to  between  the  school  boards  of  districts  concerned 
prior  to  the  enrollment  of  any  such  pupil;  such  tuition  to  be  computed 
from  the  time  of  enrollment  until  such  pupil  leaves  such  school  perma- 
nently, or  to  the  close  of  the  school  term,  and  such  transportation  as  pre- 


30 


viously  provided  for  in  this  section.  Provided,  further,  the  distance  trav- 
eled by  the  mosit  direct  route,  to  be  established  by  the  district  board,  sub- 
ject to  an  appeal  as  provided  for  appeals  from  decisions  of  school  boards, 
relative  to  school  matters  shall  be  the  basis  of  computation.  Provided, 
further,  that  no  township  or  district  shall  expend  more  than  eight  hun- 
dred dollars  for  transportation  in  any  one  year;  Provided  further,  that 
payments  may  be  made  monthly  or  at  the  close  of  the  school  year  in  the 
discretion  of  the  district  board,  and  if  bills  allowed  are  in  excess  of  eight 
hundred  dollars,  said  sum  of  eight  hundred  dollars  shall  be  divided  pro- 
rata. Provided,  further  that  in  any  district  in  which  a  public  school  shall 
have  been  discontinued,  it  shall  be  the  duty  of  the  district  school  board 
to  make  such  provisions  as  shall  be  determined  by  the  county  superintend- 
ent for  the  schooling  of  the  pupils  who  would  ordinarily  be  in  attendance 
at  the  school  were  it  not  discontinued. 


Source:      Chap.     183.     S      L.     1919. 

Source:  §  108,  Ch.  135,  1907.  Ch. 
141,    1911;    Ch.    196,    1913;    Ch.    163,    1915. 

District  of  residence  is  not  liable 
for  transportation  allowance  where 
children  are  sent  to  another  district 
without  school  board's  consent.  Harris 
v.  School  Dis.  No.  48,  32  S.  D  544, 
Ann.    Cas.    1916A,    267,     143    N.    W.    898. 

Distances  referred  to  are  to  be 
measured  by  roads  which  are  actually 
opened  and  passable.  State  ex  rel. 
Johnson    v.    Mostad,    34    N     D.    330,    158 


N.    W.    349. 

School  board  cannot  be  compelled 
to  allow  children  of  adjacent  district 
to  attend  school  within  such  board's 
district.  State  ex  rel.  Johnson  v. 
Mostad,    34   N.   D.    330,    158   N.    W.    349. 

Provisions  relating  to  transporta- 
tion "to  and  from  school"  of  children 
should  be  liberally  construed,  and 
applies  whether  school  is  consolidated 
school  or  not  State  ex  rel.  Brand  v. 
Mostad,    28    N.    D.    244,    148    N.    W.    831. 


§  7486.  Make  Repairs.  The  district  school  shall  make  all 
necessary  repairs  to  school  houses,  outbuildings  and  appurtenances,  and 
shall  furnish  fuel  and  all  necessary  supplies  for  the  schools.  The  board 
is  also  authorized  to  construct  and  keep  in  repair  such  cottages  for 
teachers  and  such  barns  and  sheds  adjacent  to  the  school  house  as  may 
in  their  judgment  be  deemed  necessary  and  for  the  best  interests  of  the 
district,  provided  that  no  cottage  shall  be  built  except  upon  the  affirma- 
tive vote  of  a  majority  of  the  electors  of  the  school  district  voting  at  the 
regular  annual  school  election,  the  ballots  used  for  such  purpose  to  spec- 
ify the  amount   proposed   to   be  expended. 

Source:     Chap.     179,    S.    L.    1919. 

§  7487.  "Water  Closets.  The  school  board  shall  give  special  atten- 
tion to  the  matter  of  convenient  water  closets  or  privies,  and  provide  on 
every  school  house  site,  not  within  any  city  or  town,  two  separate  build- 
ings located  at  the  farthest  point  from  the  main  entrance  to  the  school 
house,  and  as  far  from  each  other  as  may  be,  and  keep  them  in  wholesome 
condition  and  good  repair.  In  any  city  or  town,  where  it  is  inconvenient 
or  undesirable  to  erect  two  separate  outhouses,  several  closets  may  be 
included  under  one  roof,  and  if  outside  the  school  house  each  shall  be  sep- 
arated from  the  other  by  a  brick  wall,  double  partition,  or  other  solid  or 
continuous  barrier,  extending  from  the  roof  to  the  bottom  of  the  vault 
below,  and  the  approaches  to  the  outside  doors  for  the  two  sexes  shall  be 
separated  by  a  substantial  closed  fence  not  less  than  seven  feet  high  and 
thirty  feet  in  length. 

Source:      §    109,    Ch.    135,    1907. 

§  7488.  Employ  Teachers.  The  district  school  board  shall  employ 
the  teachers  for  the  schools  of  the  district,  and  may  dismiss  any  teacher 
at  any  time  for  plain  violation  of  contract,  gross  immorality,  or  flagrant 
neglect  of  duty;  provided,  that  every  contract  for  the  employment  of  a 
teacher  shall  be  in  writing  and  authorized  by  a  majority  of  the  members 
of  the  district  school  board;  and  provided,  further,  that  in  any  school  dis- 
trict consisting  of  one  or  more  townships,  in  any  school  except  in  a  city, 
town  or  village  of  more  than  fifty  inhabitants,  if  a  petition  be  presented 
to  the  clerk  of  such  district  or  school  board  on  or  before  the  regular  school 


31 


meeting  in  July,  signed  by  three-fourths  of  the  parents  or  guardians  of 
persons  of  school  age  belonging  to  any  school  in  such  district,  such  peti- 
tion asking  that  a  certain  teacher  be  employed  for  the  following  school 
year,  provided  such  teacher  at  the  time  of  such  meeting  is  the  holder  of 
a  valid  second  or  third  grade  certificate  or  certificate  of  higher  grade,  it 
shall  be  the  duty  of  the  school  board  so  petitioned  to  employ  such  teacher, 
provided  such  teacher  is  willing  to  teach  such  school  at  the  wages  paid 
other  teachers  in  the  district  of  like  qualifications  and  holding  like  certif- 
icates. If  any  member  of  a  school  board  mentioned  in  this  section  shall 
refuse  or  fail  to  employ  a  teacher  as  provided  in  this  section,  he  shall  be 
deemed  guilty  of  a  misdemeanor  and,  upon  conviction  thereof,  be  punished 
by  a  fine  of  not  less  than  twenty  nor  more  than  fifty  dollars. 

Source:      §    110,   Ch.    135,    1907;   Ch.    36, 
1909. 

§  7489.  Nonresident  Pupils.  The  district  school  board  shall  admit 
to  the  schools  in  the  district,  pupils  from  other  districts,  when  it  can  be 
done  without  injuring  or  overcrowding  such  schools,  and  make  regulations 
for  their  admission  and  the  payment  of  their  tuition  therein.  It  shall  be 
the  duty  of  the  board  at  the  annual  July  meeting,  each  year,  to  make  the 
assignment  and  distribution  of  pupils  to  and  among  the  schools  in  the  dis- 
trict, and  in  such  assignment  and  distribution  the  board  shall  take  into 
consideration  the  wishes  of  the  patrons  and  the  best  interests  of  the  pupils 
and  district. 

Source:      §    112,    Ch.    135,    1907. 

§  7490.  School  Discontinued.  Any  school  in  the  district  may  be  dis- 
continued by  the  district  school  board,  for  the  purpose  of  combining  two 
or  more  schools  into  one,  and  such  board  may  make  arrangements  for  the 
transporation  of  the  pupils  to  such  school  if,  in  the  judgment  of  the 
board,  it  is  to  the  best  interests  of  the  pupils  and  the  district. 
Source:      §    113,    Ch.    135,    1907. 

§  7491.  Appeal  from  Order  Closing.  Whenever  any  school  is  discon- 
tinued, under  the  preceding  section,  the  patrons  of  such  school  may  appeal 
from  the  order  of  the  board  by  filing  a  petition  with  the  county  superin- 
tendent, signed  by  at  least  one  third  of  the  patrons  thereof.  Such  petition 
shall  set  forth  the  reasons  for  the  continuance  of  such  school,  whereupon 
the  county  superintendent  shall  order  a  hearing  thereon,  giving  notice  of 
the  time  and  place  of  such  hearing,  to  the  patrons  of  the  school  and  dis- 
trict board;  and  if,  after  such  hearing,  he  shall  deem  it  to  the  best  inter- 
ests of  such  school  and  district  he  may  order  the  continuance  of  such 
school,  which  order  shall  be  obeyed  by  the  district  school  board. 
Source:      §    114,    Ch.    135,     1907. 

§  7492.  Appeal,  General.  Any  party  dissatisfied  with  a  decision  of 
the  district  school  board,  relative  to  school  matters,  may  appeal  therefrom 
to  the  circuit  court  of  the  county  at  any  time  within  thirty  days  after  the 
rendering  of  such  decision.  Such  appeal  shall  be  taken  by  serving  a  notice 
of  appeal  upon  the  district  school  board  or  board  of  education,  or  any 
member  thereof,  and  by  filing  such  appeal  and  a  bond  for  costs  with  the 
clerk  of  the  school  district  or  board  of  education.  Such  notice  of  appeal 
must  state  the  decision  appealed  from,  in  clear  and  concise  manner. 
Such  bond  for  costs  shall  be  in  the  sum  of  one  hundred  dollars,  with  two 
or  more  sureties  approved  by  the  clerk  of  courts,  conditioned  that  appel- 
lant pay  all  costs  therein  that  may  be  adjudged  against  him.  When  the 
notice  of  appeal  and  bond  for  costs  is  filed  with  the  clerk  of  the  school  dis- 
trict or  board  of  education,  such  school  clerk  shall,  within  five  days  there- 
after, transmit  to  the  clerk  of  courts  a  certified  copy  of  his  record  of  the 
decision  appealed  from,  and  all  original  papers  filed  in  his  office  in  such 
matter,  including  the  notice  of  appeal  and  bond  for  costs  therein;  and  such 

32 


clerk  may  be  compelled  by  the  circuit  court  to  trasmit  such  certified  cop- 
ies or  original  papers,  and  may  be  fined  for  neglect  or  refusal  to  transmit 
the  same.  For  such  transcript  such  clerk  shall  receive  the  usual  copying 
fees,  to  be  taxed  as  part  of  the  costs  of  suit.  And  the  clerk  of  courts  shall 
receive  and  file  such  papers,  and  docket  the  same,  in  the  same  manner  and 
receive  the  same  fees  therefor,  as  in  appeals  from  justices'  courts.  Any 
matter  so  appealed  shall  be  entitled  in  the  name  of  the  dissatisfied  party 
as  appellant  against  the  school  corporation,  by  its  proper  name,  as  re- 
spondent. No  note  of  issue  or  notice  of  trial  need  be  served  to  have  it 
placed  upon  the  trial  calendar,  and  the  same  shall  come  on  for  trial  in  its 
regular  order,  at  the  first  regular  term  following  the  taking  of  the  appeal. 
The  trial  in  the  circuit  court  shall  be  de  novo,  according  to  the  rules 
relating  to  special  proceedings  of  a  civil  nature,  so  far  as  such  rules  are 
applicable  and  not  in  conflict  with  the  provisions  of  this  section,  and  the 
court  shall  enter  such  final  judgement  or  order  as  the  circumstances  and 
very  right  of  the  case  may  require,  which  judgement  or  order  may  be  en- 
forced by  writ  of  execution,  mandamus  or  prohibition,  or  by  attachment  as 
for  contempt.  An  appeal  from  any  such  final  judgment  or  order  may  be  in- 
forced  by  writ  of  execution,  mandamus  or  prohibition,  or  by  attachment 
as  for  contempt.  An  appeal  from  any  such  final  judgment  or  order  may 
be  taken  to  the  supreme  court  within  sixty  days  after  written  notice  thereof 
shall  have  been  given  to  the  party  appealing,  such  appeal  to  be  taken, 
perfected,  heard  and  determined  as  other  appeals  in  civil  cases.  Provided, 
however,  that  nothing  in  this  section  shall  be  so  construed  as  to  author- 
ize any  court  to  reverse  the  decision  nor  order  of  any  school  board  or 
officers,  involving  the  exercise  of  discretion  and  within  the  jurisdiction  of 
such  board  or  officers,  in  the  absence  of  manifest  abuse  of  such  discretion. 

Source:     §§     115,    116,    Ch.     135,     1907.  and     the     notice     of     election     did     not 

No   appeal   allowed   from   an   order   of  designate    which    plan    was    submitted, 

county     superintendent     declaring    new  proceedings    void.      State    ex    rel.    Mort 

consolidated    district    organized.      Com-  v.    Tralstead,    36    S.    D.    568,    156    N.    W. 

plaint  on  quo  warranto   held   sufficient.  75. 

Held    where    two    plans    were    proposed 

§  7493.  Board  Assist  Teacher.  The  district  school  board  shall  assist 
and  cooperate  with  the  teacher  in  the  government  and  discipline  of  the 
schools,  and  may  make  proper  rules  and  regulations  thereof.  It  may  sus- 
pend or  expel  from  school  any  pupil  insubordinate  or  habitually  disobe- 
dient; provided,  that  such  suspension  shall  not  be  for  a  shorter  period  than 
ten  days  nor  beyond  the  end  of  the  current  term  of  school. 
Source:      §    117,    Ch.    135,    1907. 

§  7494.  Removal  of  School  House.  The  school  board  shall  have 
power  to  direct  the  removal  of  a  school  house  to  a  more  convenient  loca- 
tion, upon  the  affirmative  vote  of  a  majority  of  the  electors  of  the  entire 
district,  or  upon  the  affirmative  vote  of  two-thirds  of  the  electors  of  such 
district  voting  upon  the  proposition  at  any  regular  election,  or  special 
election  called  for  ithat  purpose,  providing  notice  of  the  proposition  for 
such  removal  to  be  voted  upon  shall  have  been  given  with  the  notice  of 
such  election:  Provided,  that  in  districts  in  which  there  shall  be  but  one 
school  house  a  two-thirds  affirmative  vote  of  the  electors  of  the  entire 
district  shall  be  necessary  to  remove  such  school  house  from  the  center  of 
the  district  to  any  point  in  the  district,  but  when  such  removal  shall 
be  to  the  center  of  the  district,  a  majority  vote  shall  be  sufficient;  pro- 
vided, further,  that  any  point  within  one  hundred  and  sixty  rods  of  the 
geographical  center  of  the  district  shall  be  deemed  the  center  for  ithe  pur- 
poses of  this  section. 

Source:      §     119,     Ch.     135,     1907;     Ch.  one    hundred    and    fifty    voted    in    favor 

221,    1917.  of     removal,     states     causes    of    action. 

Complaint    in    action    to    compel    re-  Lavery  v.   School  District,    28   S.  D.   166, 

turn     of     school     house,     showing     that  132   N.   W.    683. 
only  sixty-five  qualified  eletcors  out  of 

33 


• 


§  7495.  Board  to  Execute  Orders  of  Electors.  It  shall  be  the  duty 
of  the  school  board  to  purchase  or  lease  school  house  sites,  build,  hire, 
purchase,  sell  and  remove  school  houses,  when  lawfully  directed  by  the 
electors  of  the  district,  and  to  carry  into  effect  all  lawful  orders  of  the 
same. 

Source:      §    121,    Ch.    135,    1907.  were   issued   in   excess   of   powers.   Pur- 
Warrants     issued     to     build       school  chasers   of  warrants   charged   with    no- 
house    without    ratification    of    electors  tice    that    powers    have    been    exceeded, 
void.       District     not     estopped     to   .  de-  Farmers'   &   Merchants'   Bank  v.    School 
fend     on     the     ground     that     warrants  District,    6    Dak.    255,    42    N.    W.    767. 

§  7496.  It  shall  be  lawful  for  any  school  board  to  take  and 
hold  land,  not  exceeding  two  acres,  situated  upon  a  section  line  or 
upon  a  regularly  laid  out  highway,  legally  chosen  as  a  school  house  site 
by  a  lawful  district  meeting.  If  the  owner  of  such  land  refuses  or  neg- 
lects to  grant  such  site  to  the  district  or  cannot  be  found,  the  county 
superintendent  shall  upon  application  proceed  according  to  law  to  con- 
demn and  acquire  title  to  the  same  in  the  name  of  such  district.  When 
any  such  site  or  building  thereon  is  no  longer  necessary,  suitable  or  con- 
venient for  school  purposes,  the  district  school  board  or  board  of  educa- 
tion, on  petition  of  a  majority  of  the  electors  of  such  district,  shall 
separately  appraise  the  land  and  any  buildings  thereon  to  be  sold,  and 
shall  sell  and  convey  the  same,  by  first  offering  said  land  or  buildings  or 
both  at  said  appraised  value  to  the  record  owner  of  the  legal  subdivision 
of  which  said  site  forms  a  part.  If  said  record  owner  fails  or  refuses 
to  pay  the  appraised  value  of  either  the  land  or  buildings  or  both  thereof 
within  sixty  (60)  days  after  said  offer  is  made,  the  said  land  and  build- 
ings thereon  shall  be  offered  separately  at  public  sale,  after  thirty  (30) 
days  notice  in  writing,  which  notice  shall  describe  the  property  to  be  sold 
shall  state  the  time  and  place  of  sale,  and  shall  be  posted  in  three  (3)  of 
the  most  public  places  in  such  district.  All  property  offered  at  such  pub- 
lic sale  shall  be  sold  to  the  highest  bidder  for  cash,  and  upon  receipt  of 
the  purchase  price  thereof  by  the  treasurer  of  such  district,  a  quit  claim 
deed  or  bill  of  sale  therefor,  as  the  case  may  require,  shall  be  executed 
by  the  chairman  or  president  of  the  board  and  attested  by  the  clerk  or 
secretary  thereof;  provided,  that  nothing  contained  in  this  act  shall 
affect  any  deed  or  conveyance  originally  conveying  any  such  site  to  the 
district,  and  containing  a  reversion  clause  whereby  any  such  site  may  re- 
vert to  the  original  grantor,  his  heirs  or  assigns. 

Whenever  a  school  house  site  shall  have  been  lawfully  selected  on 
common  school  or  endowment  lands  of  this  state,  not  exceeding  two  acres 
in  a  square  form,  located  on  a  section  line  or  a  regularly  established  high- 
way, ait  one  corner  of  a  legal  subdivision  and  not  within  forty  rods  of  any 
residence,  without  the  consent  of  the  owner  thereof,  and  a  plat  of  the 
lands  so  selected  shall  have  been  filed  in  the  office  of  the  commissioner 
of  school  and  public  lands,  the  board  of  school  and  public  lands  is  author- 
ized to  direct  an  appraisement  of  such  site  and  the  same  shall  be  ap- 
praised in  the  manner  provided  by  law  for  the  appraisement  of  school  and 
public  lands.  Such  appraisement  shall  not  be  less  than  the  minimum 
price  fixed  by  the  constitution  for  school  and  public  lands. 

Approved  February  27,   1919. 
Source:     Ch.    180,    S.    L.    1919. 

§  7497.  Conveyance  of  Site.  Upon  the  payment  of  the  full  amount 
of  the  appraised  price  of  such  site,  a  conveyance  shall  be  executed  by  the 
governor,  attested  by  the  commissioner  of  school  and  public  lands,  with 
his  seal  of  office  affixed,  conditioned  that  should  the  same  cease  to  be 
used  for  two  successive  years,  for  the  purpose  of  maintaining  a  public 
school  thereon,  the  title  shall  revert  to  the  owner  of  the  legal  subdivision 
of  which  such  site  forms  a  part. 
Source:      §    123,    Ch.    135,    1907. 

34 


§  7498.  Assessor  Furnish  Property  List  to  Clerk.  Every  township 
or  county  assessor  shall,  on  or  before  the  first  day  of  July  in  each  yeaT, 
furnish  to  the  clerk  of  each  school  corporation  a  certificate  of  the  valua- 
tion of  all  real  and  personal  property  subject  to  taxation  within  the  cor- 
poration for  the  current  year. 

Source:      §     124,     Ch.     135,     1907. 

§  7499.  Annual  Meeting  of  Board,  Tax  Levy.  At  the  annual  meet- 
ing of  the  school  district  board  in  July  of  each  year,  it  shall  be  the  duty 
of  the  clerk  and  the  treasurer  to  read  their  respective  annual  reports  and 
the  board  shall  verify  them  as  herein  provided.  And  such  board  by  reso- 
lution shall  levy  such  tax  as  the  patrons  shall  have  directed  at  the  annual 
election,  but  it  shall  not  exceed  for  all  purposes  one  and  one-half  per  cent 
of  the  taxable  property  of  the  district.  If  any  school  district  fails  to  hold 
in  any  school  year  at  least  seven  months  of  school  in  any  school  house  in 
the  district,  providing  no  legal  discontinuance  be  had,  it  shall  be  the  duty 
of  the  county  superintendent  to  notify  the  county  treasurer  of  the  amount 
of  money  due  such  district  from  the  apportionment  fund  for  the  semi- 
annual term  ended  the  thirtieth  day  of  June  of  the  preceding  year,  which 
amount  shall  remain  to  the  credit  of  such  district  and  no  warrant  be 
drawn  therefor  until  such  district  shall  have  complied  with  the  law,  unless 
the  district  board  made  provision  for  the  instruction  of  the  pupils  for  the 
required  time  in  some  other  school.  In  case  of  failure  in  any  district  to 
levy  a  tax  sufficient  to  support  a  school  for  the  number  of  months  above 
named,  the  board  of  county  commissioners  shall  levy  a  tax  on  the  prop- 
erty of  the  district  sufficient  for  the  purpose:  Provided,  that  in  case  any 
district  board  shall  fail  or  neglect  to  maintain  seven  months  of  school  in 
any  one  school  year  in  any  school  house  in  the  district,  provided  no  legal 
discontinuance  be  had,  the  county  superintendent  shall  have  power,  and  it 
shall  be  his  duty  to  institute  proceedings  in  the  circuit  court  to  compel 
such  district  board  to  comply  with  the  provisions  of  this  section,  which 
proceedings  shall  be  conducted  by  the  states  attorney. 

Source:      §     120,     Ch.     135,     1907;     Ch. 
212. 

§  7500..  Commissioners  Levy  Tax.  The  county  commissioners  of 
each  county  shall  levy  a  tax  of  one  dollar  on  each  elector  in  the  county 
for  the  support  of  the  common  schools,  which  tax,  when  collected,  shall  be 
distributed  to  the  several  school  corporations  in  the  county  in  proportion 
to  the  number  of  children,  resident  in  the  territory  of  each,  over  six  and 
under  twenty-one  years  of  age. 
Source:      §    125,    Ch.    135,    1907. 

§  7501.  Notice  of  Tax  Levy  to  Auditor.  It  shall  be  the  duty  of  the 
district  clerk,  on  or  before  the  twentieth  day  of  July  in  each  year,  to  notify 
the  county  auditor  of  the  amount  of  tax  voted  at  the  last  annual  meeting 
and  levied  by  the  district  school  board,  and  of  any  and  all  other  tax  of 
which  notice  has  not  previously  been  given.  The  notice  shall  be  substan- 
tially in  the  following  form: 

District  Clerk's  Office. 

School  No 

County,  South  Dakota. 

,  19 

To  the  county  auditor  of County,  S.  D. 

Sir:   You  are  hereby  notified  that  at  a meeting  of 

District   No held    on   the day 

of the  following  tax  was  voted  for  the  coming  school 

year: 

For  tuition  fund  dollars 

For  general   fund  dollars 

35 


For  interest  and  sinking  fund  dollars 

Total     dollars 

(Signed) 

District  Clerk. 
The  rate  per  cent  of  all  school  taxes  shall  be  calculated  and  fixed  by 
the   county    auditor,    who    shall    consolidate    the    amounts    and    extend    the 
school  tax  in  one  column. 

Source:      §    129,    Ch.    135,    1907. 

§  7502.  Treasurer's  Settlement.  At  the  annual  meeting  of  the  school 
board  on  the  second  Tuesday  of  July  in  each  year,  the  incoming  district 
board  shall  make  settlement  with  the  district  treasurer,  who  shall  at  that 
meeting  make  his  annual  report  in  triplicate,  one  copy  to  be  preserved  in 
the  treasurer'  office;  and,  upon  approval  of  the  same  by  the  district 
board,  one  approved  copy  to  be  transmitted  by  such  clerk  to  the  county 
superintendent  on  or  before  the  first  day  of  August  of  each  year.  On 
making  such  settlement  it  shall  be  the  duty  of  the  district  board  to  com- 
pare the  certified  bills  allowed  by  the  board  with  the  orders  issued,  also 
to  compare  the  orders  paid  by  the  district  treasurer  the  preceding  year 
with  the  clerk's  record  of  orders  issued;  and  also  compare  the  record  of 
the  money  received  and  orders  paid  by  such  treasurer  with  his  annual  re- 
port, and  if  found  correct  the  report  shall  be  approved  and  the  orders  can- 
celed and  filed  with  the  district  clerk.  The  board  shall  cause  to  be  posted 
in  three  public  places,  or  published  in  a  newspaper  of  general  circulation 
in  the  county,  an  itemized  statement  of  the  receipts  and  expenditures  for 
the  preceding  school  year. 
Source:     §    126,   Ch.    135,    1907. 

§  7503.  Accounts,  How  Kept.  All  money  apportioned  by  the  county 
superintendent  to  the  district  or  received  from  the  district  tax  for  tuition 
purposes  shall  constitute  the  tuition  fund.  All  money  received  from  other 
sources  shall  constitute  the  general  fund.  The  treasurer  shall  keep  one 
general  account  wherein  he  shall  set  down  on  the  debit  side  all  money  he 
shall  receive  as  treasurer  from  all  sources  whatever,  each  entry  showing 
plainly  the  source  of  the  particular  payment  to  him,  with  the  date  thereof 
and  he  shall  set  down  upon  the  credit  side  all  money  he  shall  pay  out  for 
all  purposes  whatever,  each  entry  showing  to  whom  and  for  what  purpose 
each  payment  was  made,  with  the  date  thereof.  The  debit  side  shall  al- 
ways be  balanced  by  the  total  of  the  credit  side,  with  the  funds  on  hand 
added  thereto.  At  the  beginning  of  every  school  year  he  shall  open  such 
account  anew  for  that  year,  and  the  first  item  shall  be  an  entry  on  the 
debit  side  of  the  balance  on  hand,  if  any,  for  the  preceding  year.  He  shall 
also  keep  a  separate  set  of  accounts  of  different  classes  of  receipts  and 
expenditures,  showing  severally  the  following: 

RECEIPTS. 

Amount  received  into  the  tuition  fund  from  all  sources  

Amount  received  into  the  general  fund  from  all  sources 

Amount  received  into  the  interest  and  sinking  fund  from  all  sources 

EXPENDITURES. 

Amount   paid    for    tuition    

Amount  paid  for  school  houses,  sites  and  furniture  

Amount   paid  for   incidental  expenses  

Amount  paid  as  interest  on  bonds   

Amount  paid  upon  debts  and  liabilities  not  included  in  other  items 

The  several  accounts  shall  be  separately  kept  and  not  required  to 
balance.  The  accounts  for  different  classes  of  receipts  shall  be  kept  sepa- 
rately from  the  accounts  of  the  different  classes  of  expenditures;  but 
every  entry  in  each  shall  fully  and  clearly  designate  its  source  or  purpose, 
with  the  dates. 

Source:      g    130,    Ch.    135,    1907. 

36 


§  7504.  County  Superintendent  Approve  Reports.  All  reports  and 
records  of  district  officers  and  proceedings  of  district  meetings  shall  be 
subject  to  the  approval  of  the  county  superintendent,  and  if  any  money 
belonging  to  any  district  shall  be  expended  for  supporting  a  school  in 
which  the  English  language  shall  not  be  taught  exclusively,  or  if  any  such 
money  be  otherwise  unlawfully  expended,  the  county  superintendent  or 
any  taxpayer  of  the  district  may  in  a  civil  action  in  the  name  of  the  dis 
trict  recover  such  money  from  the  officer  so  expending  it. 

Source:      §      131,     Ch.     135,     1907;     Ch. 
143,    1911. 

§  7505.  Books  and  Reports  Open  to  Inspection.  All  reports  and  all 
books,  records,  vouchers,  contracts  and  papers  relating  to  the  school 
houses,  schools  and  school  business  in  the  district,  in  the  office  of  the 
clerk  or  treasurer,  shall  be  at  all  times  open  to  the  inspection  of  the  chair- 
man, who  shall  advise  and  aid  in  securing  correct  records  and  accounts, 
and  legal  reports,  and  they  shall  likewise  be  open  to  the  inspection  of  the 
state  and  county  superintendents,  and  any  particular  paper  or  record  shall 
be  exhibited  at  reasonable  hours  to  the  examination  of  any  voter  or 
taxpayer. 

Source:      §    132,    Ch.    135,    1907. 

§  7506.  Trees  and  Shrubs.  It  shall  be  the  duty  of  the  officers  of 
every  school  district  to  plant  trees  and  shrubs  upon  the  grounds  of  each 
school  house  and  to  encourage  the  school  children  to  plant  such  trees  and 
shrubs  and  to  culitvate  and  protect  the  same.  Where  stock  is  permitted 
to  run  at  large,  it  shall  be  the  duty  of  school  officers  to  cause  to  be 
erected  about  the  grounds  of  every  school  house  a  substantial  fence  suffi- 
cient to  protect  the  trees  upon  the  school  house  grounds  from  destruction 
by  livestock,  and  such  fence  shall  be  provided  with  convenient  gates  or 
stiles. 

Source:      §    134,    Ch.    135,    1907. 

§  7507.  Civic  Meetings.  For  promoting  and  developing  the  highest 
and  best  ideals  of  citizenship  the  electors  of  any  rural  school  district  in 
this  state  may,  by  a  majority  vote  of  those  voting  at  the  annual  school 
election,  levy  a  tax  not  exceeding  fifty  dollars  for  any  one  year,  to  be 
collected  and  disbursed  like  other  school  funds  under  the  direction  of  the 
school  board,  to  assist  in  the  organization,  management  and  direction  of 
non-political,  non-sectarain  public  gatherings  of  the  citizens  of  such  school 
district,  for  the  presentation  and  discussion  of  public  questions,  or  for  such 
other  civic,  social  and  educational  activities  as  the  electors  of  the  school 
district  may  direct ;  provided,  that  at  least  twenty-five  per  cent  of  the 
electors  of  any  such  school  district  shall,  at  least  fifteen  days  before  any 
annual  school  election,  petition  the  school  board  to  submit  the  question  to 
a  vote,  and  notice  of  the  submission  of  such  question  shall  be  included  in 
the  notice  for  such  annual  school  election. 

Source:     Ch.     223,     1917. 


37 


ARTICLE    5. 
TEACHERS  AND  SCHOOLS 


§   7508.     Employment.  §   7514.     Board    Provide    Equipment. 

§    7509.     Give    Notice    of    Beginning  of        §   7515.     Disturbance    of    Public    School. 

School.  8   7516.     Defacement     of     School     Prop- 

§   7510.     Make    Term    Report.  erty. 

§   7511.     Branches    Taught.  s    7517.     Tuition       for       Eighth       Grade 

§   7512.     Unlawful    to    Give    Instruction  Pupils. 

in    Foreign    Language.  s    7518.     Contracts    Prohibited. 
8   7513.     Board    Provide    Register. 

§  7508.  Employment.  Teachers  shall  be  employed  only  upon  the 
exhibition  of  the  teacher's  certificate  valid  in  the  county  where  employed, 
and  then  only  upon  a  written  contract  signed  by  the  teacher  and  at  least 
two  members  of  the  district  school  board,  which  shall  specify  the  date  at 
or  about  which  the  school  shall  begin,  the  length  of  time  it  shall  continue, 
the  wages  per  month  and  the  time  of  payment  thereof,  and  such  contract 
shall  be  signed  in  duplicate,  and  one  copy  filed  in  the  office  of  the  clerk 
and  the  other  retained  by  the  teacher.  The  following  conditions  shall  be 
understood  as  forming  a  part  of  every  contract,  whether  expressed  therein 
or  not: 

1.  The  teacher  shall  not  hold  school  upon  any  of  the  following  legal 
holidays:  The  thirtieth  day  of  May,  the  fourth  day  of  July,  the  day  ap- 
pointed by  the  president  of  the  United  States  for  national  thanksgiving/ 
and  the  twenty-fifth  day  of  December.  But  such  days  shall  count  as  part 
of  the  term  and  the  teacher  shall  be  paid  therefor,  but  no  pay  shall  be 
drawn  for  any  Sunday. 

2.  School  shall  be  adjourned  during  the  session  of  the  county  normal 
institute,  when  the  teachers  have  been  notified  by  the  county  superin- 
tendent. 

3.  Teachers  shall  receive  into  their  schools  pupils  transferred  thereto 
by  the  order  of  the  district  board,  or  admitted  by  its  authority. 

4.  Teachers  shall  send  the  notices,  keep  proper  entries  in  the  regis- 
ter which  shall  show  the  grade  in  which  each  pupil  belongs,  the  pupil's 
standing  as  shown  by  the  examination,  and  such  other  information  as  will 
assist  the  succeeding  teacher  in  the  conduct  and  management  of  the  school, 
and  make  the  reports  required  by  law;  the  county  superintendent  shall 
promptly  furnish,  without  cost  to  the  teacher,  the  blank  forms  for  such 
reports;  and  the  district  board  shall  furnish  for  use  the  proper  register 
prepared  so  that  the  required  facts  and  statistics  can  be  kept  in  an  orderly 
manner. 

5.  Teachers  shall  classify  the  work  of  their  schools  in  accordance 
with  the  suggestions,  grades  and  outlines  prescribed  in  the  course  of  study 
recommended  by  a  majority  of  the  county  superintendents  of  the  state 
and  the  superintendent  of  public  instruction,  and  shall  hold  examinations 
and  make  reports  as  prescribed  therein. 

6.  The  county  superintendent  shall  divide  his  county  into  districts  as 
may  be  convenient  for  the  purpose  of  holding  district  teachers'  institutes 
during  the  school  year  on  Saturdays,  and  all  teachers  employed  in  the 
schools  of  each  institute  district  shall  be  required  to  attend  the  meetings 
in  such  district,  but  not  less  than  two  nor  more  than  four  such  meetings 
shall  be  held  in  each  district  during  any  school  year,  nor  shall  such  meeting 
be  held  oftener  than  once  in  two  months.  The  county  superintendent 
shall  organize  the  teachers  of  each  institute  district  at  or  near  the  be- 
ginning of  the  school  year  by  appointing  a  manager  and  a  secretary  from 
among  the  teachers  of  the  district,  who  shall,  in  conjunction  with  the 
county  superintendent,  prepare  the  programs  for  the  several  meetings  to 
be  held,  and  it  shall  be  the  county  superintendent's  duty  to  give  all  the 
teachers  of  the  districts  at  least  two  weeks  notice  of  such  meeting.     Each 

38 


meeting  shall  consist  of  one  session  of  approximately  three  hours.  The 
program  shall  be  so  arranged  that  all  teachers  of  the  district  shall  be  given 
an  active  part  as  often  as  practicable.  The  work  as  outlined  by  the  state 
teachers'  reading  circle  board  shall  constitute  one-third  of  the  work,  and 
the  balance  of  the  program  shall  also  be  for  the  general  improvement  of 
the  teachers.  The  manager  and  the  county  superintendent  shall  keep  com- 
plete records  of  the  work  at  such  meetings,  which  shall  show  the  absence, 
tardiness  and  attendance  of  all  teachers  and  the  manner  in  which  each  one 
perform  the  duty  or  duties  assigned.  Within  five  days  after  the  holding 
of  such  district  institute,  the  county  superintendent  shall  forward  the 
clerk  of  the  school  board,  or  the  secretary  of  the  board  of  education  of  all 
schools  in  the  institute  district,  a  certificate  of  attendance,  duly  signed 
and  sealed,  which  shall  entitle  the  holder  thereof  to  the  sum  of  two  dol- 
lars, and  five  cents  mileage  each  way  for  every  mile  necessarily  traveled 
from  the  residence  of  the  teacher  in  the  district  to  the  place  of  holding 
the  institute,  but  such  attendance  shall  be  in  the  institute  district  in  which 
the  school  is  located:  Provided,  that  if  a  teacher  fails  to  attend  the  dis- 
trict institute,  after  due  notice,  or  fails  to  perform  the  duty  or  duties  as- 
signed, the  county  superintendent  shall  certify  that  fact  to  the  clerk  of 
the  school  board,  or  to  the  secretary  of  the  board  of  education  of  the  school 
district  in  which  such  teacher  may  be  employed,  who  shall  then  cause  to 
be  deducted  the  sum  of  one  dollar  and  fifty  cents  from  the  salary  of  such 
teacher,  unless  such  absence  shall  be  caused  by  illness  or  other  reason  as 
shall  be  approved  by  the  county  superintendent;  provided,  further,  that 
whenever  a  teacher  of  any  school  or  the  majority  of  the  teachers  of  a 
graded  school  desire  to  attend  a  state  or  district  state  association,  the 
school  board  or  the  board  of  education  is  authorized  to  close  such  school 
or  schools  for  not  more  than  five  days,  to  enable  such  teacher  or  teachers 
to  do  so;  provided,  that  the  teacher  or  teachers  must  make  up  any  time 
so  lost  unless  the  school  board  or  board  of  education  by  a  resolution  other- 
wise directs. 

Source:'    §    136,     Ch.     135,     1907;     Ch.        er     as     affecting     action     of     board     in 
143,    1909  making-   selection.      Woll    v.    Jensen,    36 

Qualification   of  candidate   for  teach-        N.    D.    250,    162   N.   W.    403. 

§  7509.  Give  Notice  of  Beginning  of  School.  Every  teacher  on  com- 
mencing a  term  of  school  shall  give  written  notice  to  the  county  super- 
intendent of  the  time  and  place  of  beginning  such  school,  and  the  probable 
time  when  it  will  end. 

Source:      §    137,     Chap.     135,     1907. 

§  7510.  Make  Term  Report.  Every  teacher  of  a  common  school 
shall  at  the  expiration  of  each  term  immediately  make  out  full  duplicate 
reports  and  deliver  one  copy  thereof  to  the  school  clerk  and  one  to  the 
county  superintendent.  Such  report  shall  show  the  names,  ages  and  sex 
of  all  pupils  admitted  during  the  term,  the  branches  taught,  the  studies 
pursued  by  each  pupil,  the  text  books  used,  the  number  of  days  taught, 
the  number  of  days  each  pupil  was  present,  the  average  daily  attendance, 
the  date  when  school  began  and  ended,  the  salary  per  month  and  informa- 
tion concerning  the  school  and  property.  In  addition  to  the  above  his  re- 
port shall  show  the  grade  in  which  each  pupil  belongs;  his  standing  as 
shown  by  the  monthly  and  term  examinations,  the  daily  program  of  class 
recitations,  and  such  other  information  as  may  be  required  by  the  county 
superintendent.  The  teacher  shall  also  make  monthly  reports  to  parents 
and  to  county  superintendents  when  blanks  for  the  same  are  furnished. 
And  until  such  report  shall  have  been  filed  with  the  clerk,  the  school 
board  shall  not  pay  more  than  ninety  per  cent  of  the  wages  of  such  teacher 
for  his  or  her  services  as  such,  for  the  time  required  to  be  covered  by  such 
report:  Provided,  that  any  teacher  who  wilfully  neglects  to  give  notices 
and  make  reports  as  herein  provided  or  who  shall  refuse  to  fulfill  the  con- 

39 


ditions    of   his   contract,   unless  such   neglect   or   refusal   be    on    account   of 
sickness,  shall  thereby  forfeit  his  certificate  to  teach. 

Source:      §    140,    Ch.    135,    1907. 

§  7511.  Branches  Taught.  Instruction  shall  be  given  in  all  the  com- 
mon schools  of  the  state,  both  public  and  private,  in  the  English  language 
only,  in  the  following  branches,  in  the  several  grades  in  which  they  may 
be  required  in  the  State  Course  of  Study:  Reading,  writing,  orthography, 
arithmetic,  geography,  primary  language  and  English  grammar,  history  of 
the  United  States,  history  of  South  Dakota,  physiology  and  hygiene,  with 
special  instuction  as  to  the  nature  of  alcoholic  drinks,  narcotics,  and  habit- 
forming  drugs  and  their  effects  upon  the  human  system,  civil  government, 
drawing,  and  such  other  branches,  including  such  high  school  subjects  as 
the  electors  of  the  district  at  the  annual  election  may  have  ordered:  Pro- 
vided, that  if  high  school  branches  are  ordered  taught  the  board  shall  hire 
a  teacher  holding  at  least  a  state  certificate. 

Source:      Ch.    168,    S.    L.    1919. 

§  7512.  Unlawful  to  Give  Instruction  in  Foreign  Language.  It  shall 
be  unlawful  to  teach  any  subject,  except  foreign  and  ancienlt  languages,  in 
any  high  school,  academy,  college  or  higher  institution  of  learning  in  this 
state  in  any  except  the  English  language,  or  to  teach  any  subject,  except 
foreign  and  ancient  languages  and  religious  subjects,  in  any  private  school 
private  academy,  private  college  or  any  private  higher  institution  of  learn- 
ing in  this  state  in  any  except  the  English  language.  Any  instructor, 
school  officer  or  person  who  shall  violate  this  section  shall  be  deemed 
guilty  of  a  misdemeanor  and  shall,  upon  conviction  thereof,  be  punished 
by  a  fine  of  not  less  than  twenty-five  nor  more  than  one  hundred  dollars, 
and,  in  case  of  any  teacher,  such  conviction  shall  be  sufficient  ground  for 
revocation  of  his  certificate  by  the  superintendent  of  public  instruction. 

Source:      Ch.     41,     1918 

§  7513.  Board  Provide  Register.  The  board  of  every  school  district 
shall  provide  one  classification  school  register  for  each  school  therein,  of 
the  form  prescribed  by  the  superintendent  of  public  instruction,  and  keep 
the  same  as  part  of  its  records,  except  during  each  term  of  school,  when 
the  teacher  shall  keep  such  register  and  record  therein  each  day  the  at- 
tendance of  each  pupil  and  the  absence  of  those  enrolled,  and  all  other 
items  necessary  for  making  the  report  required. 

Source:      §    139,    Ch.    135,    1907. 

§  7514.  Board  Provide  Equipment.  Each  school  and  each  school 
room,  containing  one  or  more  of  grades  three  to  eight  inclusive,  and  each 
ungraded  district  school  shall  be  supplied  with  a  dictionary  of  some  stand- 
ard grade  of  a  kind  and  edition  approved  by  the  county  superintendent  of 
schools,  a  globe  of  some  standard  grade,  a  well-mounted  and  recent  set  of 
wall  maps,  black  boards,  and  other  suitable  apparatus  for  efficient  teach- 
ing, within  thirty  days  after  a  request  in  writing  for  the  same  has  been 
made  by  the  teacher.  And  the  district  school  board  may  also  provide  for 
each  school  such  other  high  grade  library  books  and  books  of  reference 
as  it  may  deem  for  the  best  interests  of  the  school:  Provided,  the  ex- 
pense for  books  and  other  equipment  as  enumerated  above  shall  not  exceed 
fifty  dollars  for  any  school  in  any  one  year;  provided,  further,  that  no 
district  school  board  shall  buy  any  apparatus,  chart,  or  similar  device  un- 
less the  board  is  expressly  authorized  so  to  do  by  a  majority  of  the  school 
electors  of  such  school  district  at  a  regular  or  regularly  called  special 
meeting  thereof. 

Source:      §      145,     Ch.     135,     1907;     Ch. 
145,    1911. 

§  7515.  Disturbance  of  Public  School.  Every  person,  whether  pupil 
or  not,  who  shall  wilfully  molest  or  disturb  a  public  school  when  in  session, 

40 


or  who  shall  wilfully  interfere  with  or  interrupt  the  proper  order  or  man- 
agement of  a  public  school  by  acts  of  violence,  boisterous  conduct  or 
threatening  language,  so  as  to  prevent  the  teacher  or  any  pupil  from  per- 
forming his  duty,  shall  be  guilty  of  a  misdemeanor  and  shall,  upon  con- 
viction thereof,  be  punished  by  a  fine  not  exceeding  twenty-five  dollars  or 
by  imprisonment  in  the  county  jail  not  exceeding  ten  days,  or  by  both 
such  fine  and  imprisonment. 
Source:      §    141,    Ch.    135,    1907. 

§  7516.  Defacement  of  School  Property.  Any  pupil,  who  cuts,  de- 
faces -or  otherwise  injures  any  school  house,  apparatus  or  outbuilding 
thereof,  is  liable  to  suspension  or  expulsion;  and,  on  the  complaint  of  the 
teacher  to  any  member  of  the  school  board,  the  parents  or  guardians  of 
such  pupil  shall  be  liable  for  all  damages. 
Source:      §     142,     Ch.     135,     1907. 

§  7517.  Tuition  for  Eighth  Grade  Pupils.  Any  pupil  who  shall  suc- 
cessfully complete  the  work  of  the  eighth  grade,  as  established  in  the 
state  course  of  study,  and  who  shall  hold  a  common  school  diploma  granted 
by  the  county  superintendent  is  privileged  to  continue  his  school  work  up 
to  and  including  the  twelfth  grade  by  attending  any  graded  school,  high 
school  or  normal  school  in  the  state  furnishing  a  higher  course  of  study, 
and  three  and  one-half  dollars  per  month  of  the  tuition  charge  therefor 
shall  be  paid  by  the  board  of  his  home  district  from  its  general  fund,  if 
his  home  district  does  not  provide  instruction  in  such  higher  grades,  and 
any  tuition  charge  in  excess  of  said  three  and  one-half  dollars  per  month, 
which  in  addition  thereto  shall  not  exceed  the  actual  per  capita  cost  per 
month  of  schooling  a  student  in  such  graded  school,  shall  be  paid  by  the 
student  or  his  parent  or  guardian. 

Source:      §     147,     Ch.     135,     1907;     Ch.  to    remove    to    farm    in    summer    after 

150,    1909;    Ch.    137,    1911;   Ch.    216,    1917.  school    year,     not    a    resident     of    city. 

One    who    moves    to    city    for    winter  Gardner  v.  Board,  5  Dak.   259,   38  N.  W. 

and    lives    in    rented    house,    intending  433. 

§   7518.      Contracts  Prohibited.     No  contract  shall   be   binding  on   any 
school   district  except  it  be  made   by  the  school    board   or   board   of   educa- 
tion,  acting  as  such,   at  a   regular  or   regularly  called   special   meeting,    ex- 
cepting contracts  for  the  employment  of  teachers. 
Source:      §    146,    Ch.    135,    1907. 


ARTICLE    6. 
UNORGANIZED    COUNTIES 


§    7519.     County        Constitutes  School        §  7522.  Tax    Levy. 

Corporation.  §  7523.  Bonds. 

§    7520.     District    Board.  §  7524.  High    School. 

§   7521.     Organization.  §  7525.  Laws    Applicable. 

§  7519.  County  Constitutes  School  Corporation.  Each  unorganized 
county  shall  constitute  a  common  school  corporation,   to   be   known   as   the 

District  School  of  County,  naming  the  county  in  which  it 

is  created.  Such  corporation  may  sue  and  be  sued  and  exercise  the  pow- 
ers conferred  by  this  article,  and  shall  be  attached  for  school  purposes  to 
the  county  to  which  such  unorganized  county  is  attached  for  state  and 
judicial  purposes. 

Source:     §    1,    Ch.    222,    1917. 

§  7520.  District  Board.  The  management  and  affairs  of  such  school 
district  shall  be  under  the  supervision  and  control  of  a  district  school 
board  to  be  composed  of  five  residents   of  the  county,  to  be  appointed  by 

41 


the  governor,  one  of  whom  shall  be  appointed  for  a  period  of  one  year, 
two  for  a  period  of  two  years,  and  two  for  a  period  of  three  years,  each 
succeeding  member  of  which  shall  be  appointed  for  a  period  of  three  years 
and  each  member  of  such  board  shall,  before  entering  upon  the  duties  of 
his  office,  furnish  a  good  and  sufficient  bond  with  the  same  conditions  and 
in  the  sum  now  required  by  law  of  members  of  district  school  boards  in 
organized  counties,  which  bond  shall  bt  approved  by  the  governor  and 
filed  in  the  office  of  the  state  superintendent  of  public  instruction. 
Source:     §    1,    Ch.    222,    1917. 

§  7521.  Organization.  Such  board  shall  organize  by  electing  one  of 
its  members  chairman  and  appointing  a  clerk  and  treasurer,  who  shall 
furnish  bonds  running  in  the  name  of  the  state,  in  such  sums  and  subject 
to  such  conditions  as  are  required  by  law  for  bonds  of  clerks  and  treas- 
urers of  district  school  boards  in  organized  counties,  save  and  except  that 
such  bonds  shall  be  approved  by  the  governor  and  filed  in  the  office  of  the 
state  superintendent  of  public  instruction;  provided,  however,  that  no  dis- 
trict school  board  shall  be  appointed,  and  no  schools  shall  be  established, 
within  any  unorganized  county  in  this  state  until  it  shall  have  been  made 
to  appear  to  the  satisfaction  of  the  governor  that  there  is  an  actual  bona 
fide  demand  for  such  schools,  and  that  there  is  sufficient  taxable  property 
in  the  county   to   support   the   same. 

Source:      §       1,    Ch.    222,    1917. 

§  7522.  Tax  Levy.  Such  board  shall  have  power  to  levy  upon  the 
taxable  property  of  the  district  a  tax  for  school  purposes  of  not  exceeding 
ten  mills  on  the  dollar  in  each  year,  which  levy  shall  be  made  by  resolu- 
tion of  the  board  at  its  regular  July  meeting  in  each  year  in  specific 
amounts  in  dollars  and  cents.  Upon  the  making  of  such  levy  it  shall  be 
the  duty  of  the  chairman  and  clerk  of  such  board  to  immediately  certify  to 
the  county  auditor  of  the  county  to  which  such  unorganized  county  is  at- 
tached for  judicial  purposes,  the  total  amount  of  tax  so  levied  together 
with  a  certified  copy  of  the  resolution  of  the  board  adopting  the  same;  the 
tax  so  levied  shall  be  spread  upon  the  books  and  collected  in  the  same 
manner  as  provided  by  law  for  the  collection  of  taxes  for  state  and  judi- 
cial purposes,  and  all  laws  of  this  state  relating  to  the  collection  of  taxes 
for  state  and  judicial  purposes  shall  apply  to  the  collection  of  taxes  for 
school  purposes.  All  money  collected  or  received  under  the  provisions  of 
this  article,  as  well  as  all  funds  received  by  apportionment,  by  the  county 
treasurer  of  the  county  to  which  such  unorganized  county  may  be  at- 
tached, shall  be  remitted,  at  the  times  and  in  the  manner  required  by  the 
laws  of  this  state  relating  to  organized  counties,  to  the  treasurer  of  the 
school  district  in  such  unorganized  county.  Such  district  school  board 
may  organize,  maintain  and  locate,  at  points  most  convenient  and  advan- 
tageous, schools  for  the  education  of  all  children  of  school  age  within  the 
district;  provided,  however,  that  such  board  shall  not,  for  the  organization 
or  maintenance  of  schools  within  such  district,  incur  any  expense  in  excess 
of  the  amounts  levied  in  each  year  for  school  purposes,  and  any  indebted- 
ness attempted  to  be  created  by  such  board  in  excess  of  such  levy  shall  be 
void. 

Source:      §       1,    Ch.    222,    1917. 

§  7523.  Bonds.  For  the  purpose  of  constructing  school  buildings  in 
such  district,  such  board,  subject  to  the  approval  of  the  governor,  is  vested 
with  authority  to  issue  bonds  in  the  denomination,  for  the  time,  at  the  rate 
of  interest,  subject  to  the  same  limitations,  and  in  the  same  form  as 
provided  by  law  for  district  school  bonds  in  organized  counties;  such  bonds 
shall  be  executed  in  the  name  of  the  district  by  each  member  of  the  board, 
and  shall  be  countersigned  by  the  clerk  and"  treasurer  thereof  and  ap- 
proved  by  the   governor.      The   bonds   issued   under  the   provisions    of   this 

42 


article  shall  not  be  in  excess  of  four  per  cent  of  the  assessed  valuation  of 
the  taxable  property  in  the  district. 

Source:      §       1,    Ch.    222,    1917. 

§  7524.  High  School.  It  shall  be  lawful  for  sucn  board,  by  and  with 
the  consent  and  approval  of  the  governor,  whenever  it  shall  be  made  to 
appear  that  there  is  an  actual  demand  and  necessity  for  a  high  school  in 
such  county,  to  establish  at  some  centrally  located  point  most  convenient 
and  advantageous  for  the  largest  number  of  pupils,  and  to  be  designated 
by  the  governor,  a  high  school  in  which  shall  be  established  and  taught 
such  courses  and  subjects  as  shall  receive  the  sanction  and  approval  of 
the  governor.  Such  high  school  shall  be  maintained  out  of  the  funds  lev- 
ied for  school  purposes  in  such  unorganized  county. 
Source:      §    2,    Ch.    222,    1917. 

§  7525.  County  Superintendent.  Whenever  any  district  school  board 
shall  have  been  appointed  and  schools  establish  in  any  unorganized 
county  in  this  state,  it  shall  be  the  duty  of  the  governor  to  appoint  a  coun- 
ty superintendent  of  schools  for  such  unorganized  county,  who  shall  re- 
ceive a  salary  of  not  to  exceed  fifty  dollars  per  month  and  necessary  trav- 
eling expenses  actually  incurred  in  the  performances  of  his  duties,  and  who 
shall  perform  such  duties  and  have  such  jurisdiction  and  authority  as  pre- 
scribed by  law  for  county  superintendents  of  schools  in  organized  counties. 
The  salary  of  such  county  superintendent  of  schools  shall  be  paid  from  the 
money  levied  for  school  purposes  in  each  year. 

Source:      §    3,    Ch.    222,    1917. 

§   7526.     Laws   Applicable.     All   laws    of  this   state   relating   to   educa- 
tion and  district  schools  and  district  school   boards  shall,   so  far  as  appli- 
cable   and    not    in    conflict    with    the    provisions    of    this    article,    apply    to 
schools  in  unorganized  counties. 
Source:      §    4,    Ch.   222,   1917. 


ARTICLE    7. 
UNORGANIZED  TERRITORY 


§   7527.     Pupils     Provided     with     Means  §   7530.     Report    of    Superintendent. 

of    Education.  §    7531.     Duty    of    County    Commission- 
§   7528.     Advanced    Pupils.  ers. 

§   7529.     Enumeration    of    Pupils. 

§  7527.  Pupils  Provided  with  Means  of  Education.  Whenever  chil- 
dren of  school  age  reside  in  territory  not  organized  into  a  school  district 
it  shall  be  the  duty  of  the  county  commissioners  to  provide  for  the  edu- 
cation of  such  children  by  making  provision  for  the  payment  of  their  tui- 
tion in,  and  transportation  to,  some  school  in  an  organized  school  district, 
or  by  establishing  schools  in  unorganized  territory:  Provided,  that  the 
board  of  county  commissioners  may,  in  lieu  of  providing  transportation  or 
establishing  schools,  expend  a  reasonable  amount  for  room  and  board  of 
such  pupils,  whose  attendance  at  school  can  be  provided  for  by  such  means 
more  economically  and  satisfactorily. 

Source:      Ch.    192,    1913;    §    1,    Ch.    169, 
1915. 

§  7528.  Advanced  Pupils.  Any  such  pupil  who  shall  successfully 
complete  the  work  of  the  eighth  grade  as  established  in  the  state  course 
of  study,  and  who  shall  hold  a  common  school  diploma  granted  by  the 
county  superintendent,  is  privileged  to  continue  his  school  work  up  to  and 
including  the  twelfth  grade  by     attending     graded     school,     high     school 

43 


or  normal  school  in  the  state  furnishing  a  higher  course  of  study,  and  not 
to  exceed  three  and  one-half  dollars  per  month  of  the  tuition  charge  there- 
for shall  be  paid  by  the  county  commissioners  from  the  fund  herein  pro- 
vided for,  and  any  tuition  charge  in  excess  of  such  sum  per  month,  which, 
in  addition  thereto  shall  not  exceed  the  actual  per  capita  cost  per  month  of 
schooling  a  pupil  in  such  graded  school,  shall  be  paid  by  the  pupil  or  his 
or  her  parent  or  guardian. 
Source:      §    2,    Ch.    169,    1915. 

§  7529.  Enumeration  of  Pupils.  It  shall  be  the  duty  of  the  county 
superintendent  to  cause  a  census  to  be  taken  each  year,  on  or  before  the 
first  Monday  of  June,  of  all  children  under  twenty-one  and  over  six  years 
of  age,  residing  in  the  territory  of  his  county  not  organized  into  school 
districts,  and  the  expense  thereof  shall  be  paid  by  the  county  commission- 
ers from  the  fund  herein  provided.  Such  census  shall  be  taken  in  the 
same  form  and  manner  as  the  census  in  school  districts  and  shall  show 
the  age  of  the  child  on  the  first  day  of  May  of  that  year.  Such  cen- 
sus shall  be  filed  with  the  county  superintendent,  who  shall  examine  and 
compare  the  same  and,  if  found  to  be  inaccurate  or  incomplete,  it  shall  be 
his  duty  to  cause  a  new  census  to  be  taken  and  paid  for  in  the  same 
manner. 

Source:      §     3,     Ch.     169,    1915. 

§  7530.  Report  of  Superintendent.  On  or  before  the  first  day  of 
July  in  each  year,  such  county  superintendent  shall  report  under  oath  to 
the  commissioner  of  school  and  public  lands,  the  enumeration  of  children 
of  school  age  residing  in  the  territory  of  his  county  not  organized  into 
school  districts  according  to  the  census  herein  provided  for.  It  shall  be 
the  duty  of  the  commissioner  of  school  and  public  lands  to  examine  and 
compare  he  same  and  if  inaccurate  or  incomplete,  he  shall  require  a  re- 
enumeration  as  heretofore  provided  for.  Upon  the  census  of  the  school 
children  herein  provided  for,  together  with  the  children  reported  from 
school  districts,  the  commissioner  of  school  and  public  lands  shall  appor- 
tion the  school  funds  as  provided  by  law.  It  shall  be  the  duty  of  the 
county  treasurer  upon  receipt  of  the  apportionment  funds  for  the  schools 
of  his  county  to  determine  the  amount  thereof  to  which  the  territory  not 
organized  into  school  districts  is  entitled  on  the  basis  of  the  number  of 
school  children  residing  herein  and  credit  such  amount  to  the  fund  to  be 
designated  as  the  "School  Fund  for  Unorganized  Territory,"  which  funds 
shall  be  used  for  carrying  out  the  provisions  of  this  article. 
Source:      §     4,    Ch.    169,    1915. 

§  7531.  Duty  of  County  Commissioners.  The  county  commissioners 
of  any  county  containing  territory  not  organized  into  school  districts  shall 
have  the  power  to  levy  upon  the  property  of  such  territory  a  sufficient  tax 
for  school  purposes  for  carrying  out  the  provisions  of  this  article,  which 
levy  shall  be  made  and  collected  at  the  same  time  and  in  the  same  manner 
as  the  levy  for  county  general  purposes.  When  collected,  such  tax  shall 
be  credited  to  the  school  fund  for  unorganized  territory,  to  be  used  under 
the  direction  of  the  county  commissioners  for  carrying  out  the  provisions 
of    this    article. 

Source:      §    5,    Ch.    169,    1915. 


44 


CHAPTER    4. 
INDEPENDENT    SCHOOL    DISTRICTS. 


ARTICLE    1. 
ORGANIZATION. 


§    7532.     Independent    Districts    Denned.  §    7536.     Inclusion      and      Exclusion      of 

§   7533.     Existing-        Boundaries        Con-  Territory. 

tinue.  §   7537.     Name,    General    Powers. 

§   7534.     Incorporation    of   Town    Creat-  §    7538.     Shall      Maintain      School      Not 

es    Independent    District.  Less     Than      Six     nor     More 

§    7535.     Committee        of        Arbitration,  Than    Ten    Months. 

Adjustment    of    Rights. 

§  7532.  Independent  Districts  Defined.  Any  territory,  having  with- 
in its  boundaries  any  city  or  incorporated  town,  heretofore  organized  for 
school  purposes  under  or  by  operation  of  any  special  or  general  law,  and 
any  such  territory  hereafter  organized  for  school  purposes  shall  be  known 
as  an  independent  school  district,  the  boundaries  of  which  may  or  may 
not  coincide  with  the  boundaries  of  the  city  or  town  therein;  such  district 
shall  constitute  a  public  corporation  distinct  from  the  municipal  corpora- 
tion, and  shall  be  governed  by  the  provisions  of  this  chapter;  and  every 
school  corporation  existing  and  operating,  when  this  code  takes  effect,  as 
an  independent  school  district,  though  there  be  no  city  or  town  within  its 
boundaries,  shall  continue  as  such  and  be  governed  by  the  provisions  of 
this  chapter  until  changed  in  some  manner  authorized  by  law. 

Source:      §     174,     Ch.     135,     1907;     Ch.  Construed.      Viland    v.    Board    of    Ed- 

214,    1909;    Ch.    224,    1917.  ucation,    38    S.   D.    440,    161   N.   W.    810. 

§  7533.  Existing  Boundaries  Continue.  The  boundaries  of  all  inde- 
pendent school  districts  shall  continue  as  established  when  this  code  takes 
effect,  until  changed  in  some  manner  authorized  by  law. 

§   7534.      Incorporation    of    Town    Creates    Independent    District.      The 

incorporation  of  any  town  within  the  boundaries  of  any  one  or  more  dis- 
tricts shall  ipso  facto  operate  to  organize  an  independent  school  district, 
embracing  all  the  territory  of  the  former  district  or  districts;  and  the 
county  superintendent  shall,  without  delay,  give  notice  of  the  election  of 
officers  for  the  new  district,  by  posting  notices  in  not  less  than  three  pub- 
lic places  in  such  district. 
Source:     Ch.     224,     1917. 

§  7535.  Committee  of  Arbitration,  Adjustment  of  Rights.  When- 
ever a  new  independent  district  is  organized  as  provided  in  the  preceding 
section,  the  county  superintendent,  the  president  of  the  board  of  education 
of  the  district  thus  organized,  and  the  chairman  of  the  school  district 
superseded  by  the  organization  of  the  new  district,  shall  constitute  a  com- 
mittee of  arbitration  for  the  purpose  of  adjusting  all  property  interests, 
liabilities,  bonds  or  other  forms  of  indebtedness  between  the  new  corpora- 
tion and  the  district  or  districts  superseded  by  its  formation.  The  title  to 
all  real  and  personal  property  granted  to  the  new  corporation  by  the  com- 
mitee  of  arbitration  shall  be  transferred  to  such  corporation  by  the  dis- 
trict or  districts  superseded  and  in  which  title  to  such  property  was  pre- 
viously vested,  upon  order  of  such  committee.  And  all  personal  property 
granted  to  the  new  corporation  shall  be  delivered  to  the  proper  officer  by 
those  having  it  in  charge,  upon  demand  accompanied  by  the  order  of  the 
committee.  And  the  new  corporation  shall  be  liable  for  and  shall  assume 
and  pay  all  the  outstanding  debts,  liabilities  and  bonds,  and  the  accrued 
interest  thereon,  of  the  school  district  or  districts  superseded  by  the  new 
corporation   and   the   law  which   authorized    the   superseded    district    or    dis- 

45 


tricts  to  incur  such  liabilities  and  debts,  or  to  issue  bonds,  shall  apply  to 
the  new  corporation  the  same  as  if  it  had  originally  been  authorized  to 
incur  or  issue,  and  had  incurred  and  issued  such  liabilities,  debts  or  bonds. 
The  debts  liabilities  and  bonds  shall  be  deemed  in  law  to  be  those  of  the 
new  corporation,  with  the  same  validity  for  securing  and  enforcing  the 
payment  of  principal  and  interest  that,  existed  against  the  district  or  dis- 
tricts that  incurred  or  issued  them.  It  shall  be  the  duty  of  the  county 
superintendent  to  file  with  the  county  auditor  a  correct  plat  showing  the 
adjustment  of  district  boundaries  in  consequence  of  the  formation  and 
organization  of  the  district  as  above  provided. 

Source:      §     175,    Ch.    135,    1907;     §     1,  quent    exclusion    of    part    of    city's    ter- 
Ch.    134,    1911.  ritory.      Independent   School   Dis.    v.   In- 
Independent    school    district    created  dependent     School    Dist.    No.     2,     35,     S. 
by    incorporation    of    city    under    get;-  D.    474,    152    N.    W.    706. 
eral    law    was    not    affected    by    subse- 

§  7536.  Inclusion  and  Exclusion  of  Territory.  Territory  adjacent  to 
any  independent  district  may  be  included  therein,  and  territory  within  any 
independent  district  may  be  taken  therefrom  and  included  in  any  adjacent 
district,  in  the  following  manner: 

1.  Application  by  written  petition  for  such  change  must  be  made  by 
a  majority  of  the  resident  electors  desiring  to  have  territory  included  or 
excluded  from  any  independent  district. 

2.  Upon  receipt  of  Such  petition  the  county  superintendent  shall  call 
a  committee  to  decide  upon  granting  or  refusing  the  petition,  such  com- 
mittee consisting  of  himself,  the  president  of  the  board  of  education  of 
such  independent  district,  and  the  chairman  of  the  district  board. 

3.  The  committee  shall  consider  the  interests  of  the  corporations 
concerned,  the  convenience  of  the  petitioners  and  the  permanent  school 
interest,  and  if  they  deem  it  proper,  shall  grant  the  petition  and  issue  an 
order  authorizing  the  inclusion  of  such  territory  in  the  independent  dis- 
trict or  school  districts  to  which  it  is  adjacent. 

4.  The  commttee  shall  also  have  power  to  adjust  all  property  inter- 
ests involved  in  the  change  which  concern  the  corporations  interested. 
Before  the  issuance  of  an  order  authorizing  the  change,  it  shall  make  an 
equitable  adjustment  of  any  question  of  indebtedness  involved. 

5.  A  record  of  the  decision  of  the  committee  shall  be  transmitted  to 
the  clerks  of  the  school  board  and  board  of  education  interested,  for  rec- 
ord, and  a  copy  forwarded  to  the     county  auditor  by  the  superintendent. 

6.  Such  territory  shall,  from  the  date  of  the  order  authorizing  such 
change,  be  a  part  of  the  district  in  which  it  is  ordered  included.  Such 
order  shall  not  be  issued  until  after  the  action  and  decision  of  the  commit- 
tee are  recorded  by  the  board  of  education  and  the  district  school  board; 
provided,  that  territory  more  than  two  miles  from  the  limits  of  the  city 
or  town,  within  the  independent  district,  shall  not  be  considered  "adja- 
cent territory,"  within  the  provisions  of  this  section,  unless  the  electors 
of  such  territory  shall  unanimously  petition  that  it  be  so  considered;  pro- 
vided, further,  that  when  the  inclusion  of  the  adjacent  territory  within 
two  miles  of  the  city  or  town  limits  will  leave  territory  in  any  district  or 
districts  which  is  impracticable  or  inconvenient  for  school  purposes,  the 
committee  provided  for  this  section  may,  upon  a  petition  of  a  majority  of 
the  electors  in  such  territory,  include  the  same  in  the  independent  district, 
but  in  such  case  the  order  of  the  committee  shall  take  effect  at  the  expira- 
tion of  thirty  days  from  the  date  thereof. 

7.  An  appeal  may  be  taken  from  any  decision  of  the  committee,  by 
any  or  all  the  petitioners  or  by  any  of  the  school  districts  interested,  to 
the  circuit  court  of  the  county  in  which  the  territory  proposed  to  be  in- 
cluded or  excluded  is  situated,  upon  notice  in  writing  to  the  other  inter- 
ested parties,  that  is,  to  the  committee  and  school  boards  and  boards  of 
education  interested  and  the  petitioners,  as  the  case  may  be,  by  service 
upon    any   member    of    the   committee,    upon    any    member    of    each   of    the 

46 


school  boards  or  boards  of  education  interested,  and  upon  any  one  of  the 
petitioners,  and  upon  filing  a  bond  in  the  office  of  the  clerk  of  courts  in 
the  sum  of  two  hundred  and  fifty  dollars,  with  at  least  two  sureties  to  be 
approved  by  the  clerk  of  courts,  conditioned  that  appellant  will  pay  all 
costs  therein  that  may  be  adjudged  against  him.  Proof  of  the  service  of 
such  notice  of  appeal,  by  affidavit,  shall  be  filed  with  the  clerk  of  courts; 
after  the  filing  of  the  bond  for  costs  and  proof  of  service  of  the  notice  of 
appeal  in  the  office  of  the  clerk  of  courts,  the  committee  shall  within  five 
days  transmit  to  the  clerk  of  courts  the  petition  and  decision  of  the  com- 
mittee, and  all  original  papers  in  the  matter  in  controversy.  Such  com- 
mittee may  be  compelled  by  the  courts  to  transmit  such  decision  and  peti- 
tion and  original  papers,  and  may  be  fined  for  neglect  or  refusal  to  trans- 
mit the  same.  The  matter  so  appealed  shall  be  entitled  in  the  names  of 
the  parties  appealing  as  plaintiffs,  and  the  other  interested  parties  as  de- 
fendants. No  note  of  issue  or  notice  of  trial  need  be  served  to  have  it 
placed  upon  the  trial  calendar,  and  the  same  shall  come  on  for  trial  in  its 
regular  order,  at  the  first  regular  term  following  Ithe  taking  of  the  appeal. 
The  trial  in  the  circuit  court  shall  be  de  novo,  according  to  their  rules  relat- 
ing to  special  proceeding  of  a  civil  nature,  so  far  as  such  rules  are  appli- 
cable and  not  in  confict  with  the  provisions  of  this  section,  and  the  court 
shall  enter  such  final  judgment  or  order  as  the  circumstances  and  very 
right  of  the  case  may  require,  which  judgment  or  order  may  be  enforced 
by  a  writ  of  execution  , mandamus  or  prohibition  or  by  attachment  as  for 
contempt;  provided,  that  nothing  in  this  section  shall  be  so  construed  as  to 
authorize  any  court  to  reverse  the  decision  or  order  of  any  school  board  or 
officer  involving  the  exercise  of  discretion  and  within  the  jurisdiction  of 
such  board  or  officer,  in  the  absence  of  manifest  abuse  of  such  discretion. 

Source:      §    176,    Ch.    135.    1907.  Attachment  of  territory  held  fraudu- 

Attachment    of   territory;   district   or-  lent     and     void     and     as     having1     been 

Ionization.      Viland   v.    Board,    37    S.    D.  improperly     made.       Pierre,     Ft.     P.     & 

412,    158   N.    W.    906;   s.    c,    38    S     D.    440,  B.    H.    Ry.    Co.    v.    Stuart,    40    S.    D.    — , 

161    N.    W.    810.  168   N.   W.    33. 

§   7537.     Name,  General  Powers.      The  name  of  each  independent  dis- 
trict shall  be  Independent  District  of  inserting  the 

name  of  the  city  or  town  located  therein.  It  shall  possess  the  usual  pow- 
ers of  corporations  for  school  purposes,  may  have  a  seal,  may  sue  and  be 
sued,  contract  and  be  contracted  with,  acquire  and  hold  land  for  school 
sites,  not  exceeding  two  acres  chosen  by  the  board  of  education  at  a  regu- 
lar meeting  of  such  board,  and  in  case  the  owner  or  owners  of  the  land, 
or  any  part  thereof,  shall  refuse  or  neglect  to  grant  such  land  to  the  dis- 
trict, the  district  shall  have  power  to  take  such  land  in  the  manner  pro- 
vided by  law  for  the  taking  of  private  property  for  public  use;  it  shall  have 
power  to  hold  and  convey  such  personal  or  real  property  as  it  may  at  any 
time  possess,  and  all  actions  brought  by  or  against  such  corporation  shall 
be  in  the  name  of  the  corporation. 

Source:      §     177,     Ch.     135,     1907;     Ch. 
172. 

§  7538.  Shall  Maintain  School  Not  Less  Than  Six  nor  More  Than 
Ten  Months.  Each  independent  school  district  shall  maintain  a  system  of 
free  common  schools,  which  shall  be  kept  open  not  less  than  six  nor  more 
than  ten  months  in  any  one  year  and  shall  be  free  to  all  children  of  legal 
school  age  residing  within  such  corporation. 
Source:      §    178,    Ch.    135,    1907. 


47 


ARTICLE    2. 
BOARDS  OF  EDUCATION 


§    7539.  Members,    Election,  Term.                                       Boards. 

§   7540  Vacancy.  §    7548.     Written    Contract,     Bids. 

§   7541.'  Qualification.  §   7549.     Superintendent,      Appointment, 

§   7542.  Regular     Meetings  of     Board.                             Term,  Examining-  Committee. 

§   7543.  Annual    Meetings.  §   7550.     Teachers    in    Districts    of    Ten 

§   7544.  Special    Meetings.  Thousand    or     More     Popula- 

§   7545.  Quorum.  toin. 

|   7546.  Powers         Common  to       All       §    7551.     Teachers    in    Independent    Dis- 

Boards.  tricts     Having       Less       Than 

§    7547.  Additional    Powers  of    Certain                             Ten    Thousand    Population. 

§  7539.  Members,  Election,  Term.  In  all  independent  school  dis- 
tricts there  shall  be  a  board  of  education  consisting  of  five  members,  elect- 
ed at  large,  whose  term  of  office  shall  be  three  years.  Two  members  shall 
be  elected  every  year  except  in  years  divisible  by  three,  when  one  member 
shall  be  elected;  provided,  that  no  member  of  any  city  council  or  board  of 
trustees  shall  be  a  member  of  such  board. 

Source:      §     179,    Ch.    135,    1907. 

§  7540.  Vacancy.  Any  vacancy  on  the  board  shall  be  filled  by  the 
board  until  the  next  annual  school  election,  when  a  successor  shall  be 
elected  for  the  entire  or  unexpired  term,  as  the  case  may  be. 

Source:      §    182,    Ch.    135,    1907. 

§  7541.  Qualification.  Each  member  of  the  board  of  education  and 
officer  provided  for  in  this  article  shall  take  and  subscribe  an  oath  or  af- 
firmation to  support  the  constitution  of  the  United  States,  and  the  state  of 
South  Dakota,  and  faithfully  to  perform  the  duties  of  his  office. 

Source:      §    184,    Ch.    135,    1907. 

§  7542.  Regular  Meetings  of  Board.  The  regular  meetings  of  the 
board  of  education  shall  be  upon  the  last  Friday  of  each  month,  but  may 
in  the  discretion  of  the  board  be  on  the  second  Friday. 

Source:      §    186,    Ch.    135,    1907. 

§  7543.  Annual  Meetings.  The  board  of  education,  at  its  first  reg- 
ular meeting  in  July  of  each  year  following  the  annual  election,  shall  or- 
ganize by  the  election  of  a  president  and  vice  president,  each  of  whom 
shall  serve  for  a  term  of  one  year;  and  at  its  regular  meeting  in  July  each 
year  it  shall  also  elect  a  clerk,  not  a  member  of  the  board,  who  shall  re- 
ceive such  compensation  for  his  services  as  the  board  may  allow;  the  mem- 
bers of  the  board  of  education  shall  receive  no  compensation:  Provided, 
that  in  districts  newly  organized  under  this  article,  the  board  shall,  within 
thirty  days  after  its  election,  proceed  to  organize  and  elect  officers  as 
aforesaid,  who  shall  serve  until  the  time  of  the  next  regular  annual 
meeting. 

Source:      §    183,    Ch.    135,    1907. 

§  7544.  Special  Meetings.  Special  meetings  may  be  held  upon  call 
of  the  president  or  in  his  absence  by  the  vice  president,  notice  of  which 
shall  be  given  by  the  clerk  to  the  members  in  the  district,  either  orally  or 
in  writing,  in  sufficient  time  to  permit  their  presence. 

§  7545.  Quorum.  A  majority  of  the  board  shall  constitute  a  quorum 
but  any  expenditure  of  money  or  contract  therefor  must  have  the  assent 
of  a  majority  of  the  members-elect. 

§  7546.  Powers  Common  to  All  Boards.  Such  board  of  education 
shall  have  power: 

1.  To  organize  and  maintain  a  system  of  graded  schools,  to  establish 
a  high  school  whenever  in  its  opinion  the  interests  of  the  school   corpora- 

48 


tion  demand  the  same,  and  to  exercise  control  over  the  schools  and  school 
corporation. 

2.  To  levy  an  annual  tax  on  all  taxable  property  within  the  district 
for  the  support  of  the  schools  of  the  corporation  for  the  fiscal  year  next 
ensuing,  not  exceeding  the  amount  limited  by  law. 

3.  To  borrow  money  by  issuing  bonds  as  hereafter  provided. 

Source:      ?§    190,    191,    Ch.    135,    1907;  ucation,    34    S,    D.    169,    147    N.    W.    779, 

Ch.    217,    1917.  L.    R.    A.    1915A,    632,    Ann.    Cas.    1917A, 

Powers   of   board   to   require    physical  760. 
examination.      Streich   v.    Board   of   Ed- 

§  7547.  Additional  Powers  of  Certain  Board.  The  board  of  educa- 
tion of  any  district,  having  a  city  located  within  its  boundaries,  shall  have 
the  following  powers  in  addition  to  those  conferred  by  the  preceding  sec- 
tion: 

1.  To  erect  such  school  houses  and  other  structures,  fences  or  other 
inclosuifc  as  the  board  shall  deem  necessary;  to  provide  for  the  proper 
maintenance  and  preservation  of  the  same,  and  to  equip  and  maintain 
play  grounds  and  athletic  parks  or  grounds. 

2.  To  permit  the  use  of  athletic  parks  and  grounds  belonging  to  the 
school  district  for  such  athletic  exhibitions  and  games,  other  than  those 
of  the  public  schools,  as  the  board  may  determine  will  not  conflict  or  in- 
terfere with  the  proper  use  of  such  parks  and  grounds  for  school  pur- 
poses, for  such  compensation  as  shall  be  fixed  by  the  board,  which  com- 
pensation shall  be  paid  and  placed  in  the  general  fund  of  the  school  dis- 
trict. 

3.  To  employ  clerk,  superintendents,  principals,  teachers,  janitors, 
caretakers,  attorneys  and  all  other  assistants  deemed  necessary  by  the 
board,  and  to  define  the  duties  and  fix  the  compensation  of  each. 

4.  To  establish  and  maintain  a  uniform  system  or  course  of  instruction 
in  the  grades  to  and  including  the  eighth,  in  substantial  conformity  to 
the  course  of  study  adopted  for  the  public  schools  of  the  state. 

5.  To  establish  and  maintain  a  high  school  or  schools  with  a  course 
or  courses  of  study  from  the  ninth  to  the  twelfth  grades  inclusive. 

6.  To  establish  and  maintain  kindergarten  departments. 

7.  To  establish  and  maintain   courses  in  physical  training. 

8.  To  establish  and  maintain  courses  of  study  and  practice  in  voca- 
tional training. 

9.  To  pro'vide  and  maintain,  for  the  use  of  superintendents,  princi* 
pals,  teachers  and  pupils,  an  adequate  system  and  supply  of  text,  refer- 
ence and  library  school  books  and  prescribe  rules  and  regulations  govern- 
ing the  same. 

10.  To  provide  and  maintain  for  the  use  of  instructors  and  pupils  an 
adequate  supply  of  tools,  implements,  machinery,  materials,  school  sup- 
plies, equipment  and  all  other  property  necessary  in  connection  with  the 
school  work. 

11.  To  sell  any  real  or  personal  property  of  the  district  which  the 
board,  by  resolution,  may  determine  is  no  longer  necessary  or  suitable  for 
school  purposes.  But  before  any  real  property  is  sold,  notice  of  such 
sale  shall  be  published  in  some  newspaper  printed  in  the  district  or,  if  no 
newspaper  is  printed  therein,  then  in  some  newspaper  printed  in  the 
county  wherein  the  property  is  situated,  once  in  'each  week  for  at  least 
four  weeks  prior  to  the  date  of  opening  bids  as  hereinafter  provided.  Such 
notice  shall  describe  the  property  to  be  sold,  the  terms  of  sale,  and  state 
the  time  and  place  when  sealed  bids  therefor  will  be  received,  that  each 
bid  must  be  accompanied  by  a  certified  check  for  ten  per  cent  of  the 
amount  bid,  and  that  the  board  reserves  the  right  to  reject  any  and  all 
bids.  Ait  the  time  and  place  stated  in  such  notice  the  board  shall  open 
and  consider  all  bids  received,  and  either  accept  the  highest  and  best  bid 
or    reject  all    of   the   bids.      If   bids    be   rejected   no   sale   shall    take    place 

49 


until   notice   shall   have   been   again   published    as   above   provided.      If    the 
highest  and  best  bid  be  accepted,  the  board  shall  proceed  to  complete   the 
contract  of  sale  according  to  the  terms  stated  in  the  published  notice,   and 
to   convey   the   property   in   the   manner   provided   for   the   transfer   of    real 
property.      If    the    successful    bidder    refuses    or    neglects    to    comply    with 
the   terms   of  his   bid   and   complete    the   contract   of   sale,    the   board   shall 
retain  the  amount  of  his  certified     check     as     liquidated     damages,     and 
place  the  same  in  the  district  treasury  to  the  credit  of  the  general   fund. 
All    certified   checks    accompanying    rejected   bids    shall    be   returned:    Pro- 
vided,  that  if   at   any   time   prior   to   the   day   upon   which   the   sealed   bids 
are  opened,   ten   or  more  taxpayers    of   the   district   shall   commence   an   ac- 
tion in   the  circuit   court   from   which   it   shall   appear,   by   a   verified   com- 
plaint   or   affidavit,    that    the    property    offered    for    sale    is    necessary    and 
suitable  for  school  purposes,  it  shall  be  the  duty  of  the  court  to  issue  an 
order   restraining   the   sale,   and    no    further   proceeding   shall    be    taken   by 
the  board  until  ordered  by  the  court.     Such  action  shall  be  tried,  after  is- 
sue  joined,    before    the   court,    without    a    jury,    either    in    or    out    of    term 
time  upon  ten  days  notice,  and  the  decision  thereof  by  the  court  shall  be 
final  and  not  appealable.     Upon  the  trial  the  court  shall  dettrmine  whether 
such  real  property  is  any  longer  necessary  or  suitable  for  school  purposes, 
and  if  it  shall  determine  that  it  is  necessary  and  suitable  for  school  pur- 
pose,  it  shall   order  and   direct  that   such   property   be   not  sold,   in   which 
event   such   property   shall   not   again   be   offered   for   sale   within   one  year 
from    the    date    of    such    order.      If    the    court    shall    determine    that    such 
property  is  not  necessary  or  suitable   for   school   purposes,   the   restraining 
order  shall  be  dissolved  and   the   board  may  proceed  to  complete   the  sale 
or  again  advertise  for  bids,   as  the  circumstances  may  require. 

Source:     Ch.     225,     1917. 

§  7548.  Written  Contract,  Bids.  No  expenditure  involving  an 
amount  greater  than  one  hundred  dollars  shall  be  made  except  in  accord- 
ance with  the  provisions  of  a  written  contract,  and  no  contract  involving 
the  expenditure  of  more  than  five  hundred  dollars  for  the  purpose  of  erect- 
ing any  public  building  or  making  any  improvements  shall  be  made  ex- 
cept upon  sealed  proposals  and  to  the  lowest  responsible  bidder. 

Source:      §     202,     Ch.     135,     1907. 

§   7549.      Superintendent,    Appointment,    Term,    Examining   Committee. 

The  board  of  education,  in  districts  having  two  thousand  or  more  popula- 
tion, shall  elect  a  superintendent  of  schools,  who  shall  in  no  case  be  a 
member  of  the  board,  who  shall  hold  his  office  during  the  pleasure  of  the 
board  and  shall  receive  such  compensation  as  the  board  may  allow,  and 
who,  subject  to  the  rules  and  regulations  of  the  board,  shall  have  general 
supervision  of  the  schools  of  the  corporation.  Such  board  shall  also  ap- 
point two  competent  persons  who,  with  the  superintendent  as  chairman, 
shall  be  styled  the  examining  committee  of  the  board. 

Source:      §    204,    Ch.    135,    1907. 

§   7550.      Teachers  in  Districts  of  Ten  Thousand  or  More  Population. 

Such  committee,  in  districts  having  ten  thousand  or  more  population,  shall 
have  power  to  examine  teachers  for  their  own  schools,  and  to  issue  certifi- 
cates authorizng  persons  to  teach  therein,  in  accordance  with  such  rules 
as  may  be  adopted  by  the  board  of  education,  and  such  certificates  shall 
be  the  sole  license  required  by  law  to  teach  in  such  schools.  The  examina- 
tion papers  and  certified  copies  of  credentials  upon  which  these  certificates 
are  issued  shall  be  kept  on  file  in  the  office  of  the  clerk  of  the  board  of 
education. 

Source:      §    204,    Ch.    135,    1907. 

§   7551.      Teachers    in    Independent    Districts    Having    Less    Than    Ten 
Thousand   Population.      In    all    independent    districts    having    less    than    ten 

50 


thousand  population,  no  superintendent  or  principal  shall  be  employed  who 
does  not  hold  a  South  Dakota  life  diploma,  state  or  first  grade  certificate, 
and  no  teacher  shall  be  employed  who  does  not  hold  a  valid  South  Dakota 
certificate  for  the  grade  or  special  subject  taught;  and  any  contract  made 
in  conflict  herewith  shall  be  void:  Provided,  that  nothing  herein  shall 
be  so  construed  as  to  prevent  the  board  of  education  in  any  such  district 
from  imposing  such  additional  tests  as  to  the  qualilcation  of  teachers  as 
it  may  deem  expedient. 

Source:      §    204,    Ch.    135,    1907. 


ARTICLE 

3. 

ELECTIONS 

§ 

7557. 

§ 

7558. 

§ 

7559. 

§ 

7560. 

tions.          § 

7561. 

§   7552.  Time,    Notice.  §    7557.  Publication    of    Nominations. 

§   7553.  Qualified    Electors.  §    7558.  Ballots. 

§   7554.  Nominations.  §   7559.  Conduct    of    Elections. 

§   7555.  No    Party    Designation.  §   7560.  Returns   of  Election. 

§   7556.  Withdrawal    of    Nominations.  §    7561.  Canvass    of    Returns. 

§  7552.  Time,  Notice.  The  annual  school  election  in  all  independent 
districts  shall  be  held  on  the  third  Tuesday  of  June,  between  the  hours  of 
nine  o'clock  in  the  forenoon  and  five  o'clock  in  the  afternoon  of  that  day 
and  no  longer.  Not  less  than  ten  days  before  such  election,  the  clerk  of 
the  board  shall  cause  notices  to  be  posted  in  public  places  distributed 
throughout  the  district,  and  shall  state  therein  the  officers  to  be  elected, 
with  terms  of  each,  and  questions,  if  any,  to  be  submitted  at  such  election. 
Such  notices  shall  also  be  published  in  some  newspaper  at  least  three 
times,  beginning  not  less  than  ten  days  prior  to  such  election.  At  such 
electon  there  shall  be  elected  members  of  the  board  of  education  as  pro- 
vided by  law,  and  in  the  year  1920  and  every  three  years  thereafter  a 
treasurer  of  the  district  shall  be  elected  for  a  term  of  three  years. 

Source:      §     180,    Ch.     135,     1907;     §     1, 
Ch.   45,   1909;   §   1,  Ch.  133,  1911. 

§  7553.  Qualified  Electors.  Any  person  qualified  under  the  consti- 
tution, resident  of  the  county  ninety  days  and  of  the  district  thirty  days, 
shall  be  entitled  to  vote  at  such  election;  provided,  that  when  the  district 
lies  in  two  or  more  counties,  any  such  elector  shall  be  entitled  to  vote 
at  such  election  if  a  resident  for  ninety  days  of  any  portion  of  such  dis- 
trict, though  not  a  resident  of  the  county  in  which  such  election  is  held. 

Source:      §    81,  Ch.    135,    1907;   Ch.    141, 
1907. 

§  7554.  Nominations.  Candidates  for  school  offices  shall  be  nomi- 
nated by  filing  with  the  clerk  of  the  board  of  education,  not  earlier  than 
the  fifteenth  day  of  May  nor  later  than  the  first  day  of  June  certificates 
of  nomination  for  the  offices  to  be  filled.  Such  certificates  shall  be  in  writ- 
ing, shall  contain  the  name  of  the  candidate,  his  residence,  business  ad- 
dress and  the  office  for  which  he  is  named,  and  must  be  signed  by  twenty 
or  more  qualified  electors  of  the  school  district.  Each  elector  signing  a 
certificate  of  nomination  shall  add  to  his  signature  his  place  of  residence, 
his  business  and  his  postoffice  address,  and  shall  declare  that  he  has  not 
joined  in  nominating  any  other  person  for  the  office  to  be  filled.  Such 
signatures  need  not  all  be  appended  to  one  paper.  No  certificate  of  nomi- 
nation shall  contain  the  name  of  more  than  one  candidate  for  any  office 
to  be  filled,  but  each  elector  may  sign  as  many  certificates  as  there  are 
officers  to  be  elected  for  a  particular  term  of  office. 
Source:      §    2,    Ch.    133,    1911. 

51 


§   7555.      No  Party   Designation.      In    order    to    separate    party   politics 
so  far  as  possible  from  school  affairs,  no  descriptive  word,  phrase  or  sym- 
bol to  designate  the  party  or  principle  of  any  nominee  shall  appear  on  the 
certificate  of  nomination,  or  be  used  or  printed  on  the  ballot. 
Source:      §    3,    Ch.    133,    1911. 

§  7556.  Withdrawal  of  Nominations.  Any  person  whose  name  has 
been  filed  as  a  candidate  may  cause  his  name  to  be  withdrawn  from  nomi- 
nation, by  request  in  writing  signed  by  himself  and  properly  acknowl- 
edged and  filed  with  the  clerk  of  the  board  at  least  five  days  prior  to  the 
day  of  election;  and  no  name  so  withdrawn  shall  be  printed  on  the  ballots 
to  be  used. 

Source:      §     4,    Ch.    133,    1911. 

§   7557.     Publication   of  Nominations.      The    clerk    of    the    board    shall 
cause  to  be  published  in  one  or  more  newspapers,  published  in  the  county, 
at   least  four  days   before  the   day  of   election,    all   nominations    certified   to 
him  under  the  provisions  of  this  article. 
Source:      §    5,    Ch.    133,    1911. 

§  7558.  Ballots.  The  clerk  of  the  board  shall  provide  proper  ballots 
similar  in  form  to  those  authorized  by  law  for  municipal  elections,  except 
as  to  party  affiliation,  on  which  shall  be  printed  the  names  of  the  candi- 
dates for  the  respective  offices,  each  being  given  a  position  for  each  of- 
fice in  the  order  of  the  priority  of  the  filing  of  their  nominating  certifi- 
cates. The  clerk  shall  provide  the  voting  booths  required  by  law  in  each 
polling  place  and  such  supplies,  poll  books  and  stationery  as  may  be 
necessary. 

Source:      §    6,    Ch.    133,    1911. 

§  7559.  Conduct  of  Elections.  In  independent  districts  not  em- 
bracing any  city,  the  board  of  education  shall  act  as  judges  and  clerk 
of  election  and  shall  provide  a  polling  place  for  each  one  hundred  and  fifty 
voters  within  the  district.  In  any  district  having  a  city  within  its  bound- 
aries, the  board  of  education  shall  fix  a  polling  place  in  each  ward  there- 
of, and  shall  appoint  by  resolution  two  judges  and  one  clerk  in  each  of 
such  wards;  provided,  that  if  only  one  candidate  is  nominated  for  each 
office  to  be  filled,  and  no  question  is  to  be  submitted  to  the  electors,  the 
board  may  designate  a  less  number  of  voting  places.  Such  election  shall 
be  conducted  in  accordance  with  the  general  election  laws  of  this  state,  so 
far  as  applicable  and  not  inconsistent  with  the  provisions  of  this  article. 
The  compensation  of  the  judges  and  clerk  of  election  appointed  by  the 
board  of  education  shall  be  fixed  by  the  board  and  paid  from  the  district 
treasury. 

Source:      §    7,    Ch.    133,    1911;    Ch.    211, 
1917. 

§  7560.  Returns  of  Election.  The  returns  from  such  election  shall 
be  certified  by  the  officers  in  each  polling  place,  and  the  ballots,  properly 
sealed  in  ballot  boxes,  together  with  the  poll  books,  shall  be  placed  forth- 
with in  the  custody  of  the  clerk  of  the  board,  who  shall  keep  such  boxes 
inviolate  for  at  least  thirty  days  after  the  canvass  of  the  returns. 

Source:      §     8,    Ch.     133,    1911. 

§   7561.      Canvass  of  Returns.      The    results   of   such   election   shall   be 
canvassed    and    declared    by    the    board    of    education    at    the    next    regular 
meeting   thereof,    and   certificates   of   election   shall   be   issued   by   the   clerk 
of  the  board  to  the  successful  candidates. 
Source:      §    9,    Ch.    133,    1911. 


52 


ARTICLE   4. 
OFFICERS 


S   7562.     President     and    Clerk,     Duties.        §   7565.     Bond    of   Treasurer   and   Clerk. 
§   7563.     Report   of   Clerk.  §   7566.     Report     of    Treasurer. 

§   7564.     Vacancy. 

§  7562.  President  and  Clerk,  Duties.  It  shall  be  the  duty  of  the 
president  of  the  board  to  appoint  all  committees  and  to  countersign  all 
warrants  drawn  upon  the  treasury  for  school  moneys.  It  shall  be  the  duty 
of  the  clerk  to  be  present  at  all  meeting  of  the  board,  keep  an  accurate 
journal  of  its  proceedings,  take  charge  of  its  books  and  documents,  sign 
all  warrants  for  school  money,  and  perform  such  other  duties  as  the 
board  may  require. 

Source:      §    187,   Ch.   135,   1907. 

§  7563.  Report  of  Clerk.  The  clerk  of  the  board  of  education  at 
the  close  of  each  school  year  shall  make  an  annual  report  of  the  condition, 
financial  as  well  as  educational,  of  all  the  schools  of  the  corporation,  a 
copy  of  which  shall  be  sent  to  the  county  superintendent.  Such  report 
or  such  portion  of  it  as  the  board  of  education  shall  consider  advantageous 
to  the  public  shall  be  printed  in  a  newspaper  or  in  pamphlet  form. 
Source:      §     188,    Ch.    135,     1907. 


(H.   B.    210) 
RELATING   TO    PUBLICATION    OF    CITY    AND    INDEPENDENT    SCHOOL 

DISTRICT    PROCEEDINGS. 


§  1.  It  shall  be  the  duty  of  the  city  council  or  city  commission 
of  each  city  of  this  state,  and  it  shall  be  the  duty  of  the  board  of  educa- 
tion of  each  independent  school  district  in  this  state,  to  cause  to  be  pub- 
lished in  their  official  newspaper,  or  in  the  event  no  official  newspaper 
has  been  designated,  in  any  legal  newspaper  published  within  such  city 
or  district,  within  thirty  days  after  each  meeting  of  such  council,  commis- 
sion or  board,  a  full  account  of  the  proceedings  at  such  meeting  giving 
a  detailed  statement  of  all  expenditures  of  money,  giving  the  names  of 
the  persons  to  whom  payment  is  made  and  showing  the  service  Tendered 
therefor.  The  publisher  of  such  proceedings  shall  receive  pay  for  pub- 
lishing such  proceedings  at  the  rate  of  twenty-five  cents  per  column  inch 
of  standard  column  width,  type  used  not  to  be  larger  than  10  point  set 
solid. 

Source:     Ch.    252,    S.    L.    1919. 

§  7564.  Vacancy.  Any  vacancy  in  the  office  of  treasurer  shall  be 
filled  by  the  board  of  education  by  appointment.  Such  appointee  shall 
not  be  a  member  of  such  board. 

Source:      §    182,    Ch.    135,    1907. 

§  7565.  Bond  of  Treasurer  and  Clerk.  Before  entering  upon  the 
discharge  of  his  duties,  the  clerk  of  the  board  of  education  shall  give  a 
bond  in  a  sum  to  be  fixed  by  the  board,  not  less  than  five  hundred  dollars, 
with  good  and  sufficient  sureties,  to  be  approved  by  the  board,  conditioned 
for  the  faithful  discharge  of  his  duties  as  clerk.  The  treasurer  shall 
execute  a  bond  in  such  sum  as  the  board  may  require,  with  sufficient 
sureties  to  be  approved  by  the  board,  conditioned  for  the  faithful  dis- 
charge of  his  duties  as  treasurer  of  such  district.  The  oath  and  bond  of 
the   clerk   shall    be   filed   with    the   treasurer.      All    other    official    oaths   and 

53 


bonds    shall    be    filed    with    the    clerk,  except    the    bond    of    the    treasurer, 

which  shall   be  recorded   at  length   by  the  clerk,   and   by   him   filed   in   the 

office    of    the    county    auditor    of    the  county    wherein    such    independent 
school  district  is  situated. 

Source:      §     185,     Ch.     135,     1907;     Ch. 
186,    1913. 

§  7566.  Report  of  Treasurer.  The  treasurer  shall  prepare  and  sub- 
mit in  writing  a  monthly  report  of  the  state  of  the  finances  of  the  cor- 
poration, and  shall,  when  required,  produce  at  any  meeting  of  the  board 
all  books  and  papers  pertaining  to  his  office.  He  shall  pay  money  only 
upon  a  warrant  signed  by  the  president,  or  in  his  absence  the  vice- 
president,  and  countersigned  by  the  clerk. 
Source:      §    189,    Ch.    135,    1907. 


ARTICLE   5. 
FINANCE   AND   TAXATION 


§   7567.     Tax    Levy.  §    7568.     Error    Corrected. 

§  7567.  Tax  Levy.  The  board  of  education  shall,  on  or  before  the 
fifteenth  day  of  August  of  each  year,  levy  a  tax  for  the  support  of  the 
schools  of  the  corporation  for  the  fiscal  year  next  ensuing,  not  exceeding 
in  any  one  year  fifteen  and  one-half  mills  on  the  dollar  of  the  assessed 
valuation  of  all  taxable  property  within  the  district  and  which  levy  the 
clerk  of  the  board  shall  certify  to  the  county  auditor,  who  is  authorized 
and  required  to  place  the  same  on  the  tax  roll  of  the  county,  to  be  col- 
lected by  the  county  teasurer  as  the  taxes  of  the  county,  and  paid  over 
by  him  to  the  treasurer  of  the  school  district,  of  whom  he  shall  take  a 
receipt  in  duplicate,  one  of  which  he  shall  file  in  his  office  and  the  other 
he  shall  transmit  to  the  clerk  of  the  board  of  education.  And  such  receipt 
shall  show  the  proportionate  amounts  belonging  to  the  several  funds  of 
the  board  of  such  school  district,  apportioned  by  the  treasurer  thereof  ac- 
cording to  the  relative  amounts  levied  by  such  board  for  the  current  year. 

Source:     §   191,  Ch.  135,  1907;   §    6,  Ch. 
292,    1915. 

§  7568.  Error  Corrected.  Whenever  an  error  occurs  in  any  school 
corporation  or  district  tax  list,  the  board  of  county  commissioners  may 
correct  such  error  and  refund  any  school  tax  improperly  collected,  in  the 
same  manner  as  in  the  case  of  county  taxes. 


CHAPTER  5 
CONSOLIDATED  DISTRICT 


§   7569.     Purpose    of    Consolidation.  §   7573.     Plans,     Sites     and     Courses     of 

§    7570.     Subject     to     Approval     of     Su-  Study. 

perintendent     of     Public     In-        §   7574.     Transportation     of    Pupils. 

struction.  §   7575.     Title    of    Property. 

§   7571.     Proceedings     to     Perfect    Con-        §    7576.     Name. 

solidation.  §    7577.     Power    to    Purchase    Land. 

§    7572.     Bonded    Indebtedness. 

§  7569.  It  shall  be  lawful  for  two  or  more  school  districts  of  any 
kind  to  consolidate,  either  by  the  formation  of  a  new  district  or  by  an- 
nexation of  one  or  more  districts  to  an  existing  district  in  which  is  main- 
tained a  graded  school  or  high  school  authorized  by  law.  An  existing 
district  of  any  kind  may  organize  as  a  consolidated  district;    a  portion   of 

54 


any  existing  district  may  organize  as  a  consolidated  district,  or  may  con- 
solidate with  any  one  or  more  existing  districts  or  with  part  or  parts  of 
same  by  the  formation  of  a  new  district.  For  the  purpose  of  improving 
the  school  system  of  this  state  and  encouraging  industrial  training,  in- 
cluding the  elements  of  agriculture,  manual  training  and  home  economics, 
a  centralized  system  of  schools  shall  be  esablished  and  maintained  in 
every  consolidated  school  district  organized  under  the  provisions  of  this 
chapter. 

Source:     Ch.    170,    S.    L.    1919. 

§  7570.  Subject  to  Approval  of  Superintendent  of  Public  Instruc- 
tion. Before  any  steps  are  taken  in  organizing  a  consolidated  school  dis- 
trict, the  superintendent  of  the  county  in  which  the  major  portion  of  the 
territory  is  situated,  from  which  it  is  proposed  to  form  such  district,  shall 
cause  a  plat  to  be  made  showing  the  size  and  boundaries  of  the  new  dis- 
trict, the  location  of  the  school  houses  in  the  several  districts,  the  location 
of  transportation  routes,  together  with  such  other  information  as  may  be 
essential  and  submit  the  same  to  the  superintendent  of  public  instruction, 
who  shall  approve,  modify  or  reject  the  plan  so  proposed  and  certify  his 
conclusions  to  the  county  superintendent  of  schools. 

Source:      §   2,    Ch.    194,    1913.  by    state    superintendent    was    invalid. 

Petition    for   consolidated   school   dis-       State    ex    rel.    Mort    v.    Tralstead,    36    S. 
trict    signed    before    approval    of    plans       D.    568,    156   N.   W.   75. 

§  7571.  Proceedings  to  Perfect  Consolidation.  After  approval  by 
the  superintendent  of  public  instruction  of  the  plan  for  the  formation  of  a 
consolidated  school  district,  and  upon  presentation  to  the  county  superin- 
tendent of  a  petition  signed  by  at  least  twenty-five  per  cent  of  the  elec- 
tors of  each  district  affected,  qualified  to  vote  at  school  meetings,  the 
genuineness  of  whose  signature  shall  be  verified  by  the  affidavit  of  the 
person  who  circulates  such  petition,  asking  for  the  formation  of  a  con- 
solidated school  district  in  accordance  with  the  plan  approved  by  the 
superintendent  of  public  instruction,  the  county  superintendent  shall  with- 
in ten  days,  cause  ten  days  posted  notice  to  be  given  in  each  district  affect- 
ed and  one  week's  published  notice,  if  there  be  a  newspaper  in  such  dis- 
trict, of  an  election  or  special  meeting  to  be  held  within  the  proposed  dis- 
trict at  a  time  and  place  specified  in  such  notice,  upon  the  question  of 
consolidation.  At  such  meeting,  the  electors,  not  less  than  twenty  being 
present,  shall  elect  from  their  number  a  chairman  and  clerk  who  shall  be 
the  officers  of  the  meeting.  The  chairman  shall  appoint  two  tellers  and 
the  meeting  or  election  shall  be  conducted  as  are  regular  annual  school 
meetings.  The  vote  at  such  election  or  meeting  shall  be  by  ballot,  which 
shall  read  "For  consolidation"  or  "Against  consolidation."  The  officers  of 
such  meeting  or  election  shall  within  ten  days  certify  the  result  of  the 
vote  to  the  superintendent  of  the  county  in  which  such  district  mainly 
lies.  If  three-fifths  or  more  of  the  votes  cast  are  for  consolidation,  the 
county  superintendent  within  ten  days  thereafter  shall  make  a  proper 
order  to  give  effect  to  such  vote  and  shall  thereafter  tarnsmit  a  copy 
thereof  to  the  auditor  of  each  county  in  which  any  portion  of  each  dis- 
trict affected  lies,  to  the  clerk  of  each  district  affected,  and  to  the  superin- 
tendent of  public  instruction.  If  the  order  be  for  the  formation  of  a  new 
district  it  shall  specify  the  number  of  such  district.  The  county  superin- 
tendent shall  also  cause  ten  days  posted  notice  and  one  week's  published 
notice,  if  there  be  a  newspaper  published  in  such  district,  to  be  given  of  a 
meeting  to  elect  five  members  of  the  board  of  education  and  a  treasurer  of 
the  newly  formed  consolidated  school  district;  and  such  consolidated  dis- 
trict shall,  upon  its  formation,  become  an  independent  district  with  the 
powers  and  duties  of,  and  be  governed  by  the  laws  relating  to  independent 
districts. 

Source:     §    3,    Ch.    194,    1913;    Ch.    164,       and   not    subject   to   review   on   writ    of 
1915;    Ch.    218,    1917  prohibition.      State    ex    rel.    Isaacson    v. 

Act    of    superintendent    is    ministerial       Parker,    40    S.   D.  -^,    166    N.   W.    309. 

55 


§  7572.  Bonded  Indebtedness.  Nothing  in  this  article  shall  be  con- 
strued to  transfer  the  liabilities  of  existing  bonded  indebtedness  from 
the  district  or  territory  against  which  it  was  originally  incurred.  The  of- 
ficers of  the  districts  or  several  dstricts  forming  a  consolidiated  school 
district  shall,  immediately  after  the  election  and  qualificaton  of  the  mem- 
bers of  the  board  of  education  of  the  consolidated  school  district,  turn 
over  to  the  proper  officers  thereof  all  records,  funds,  credits  and  effects  of 
their  several  districts. 

Source:      §     4,     Ch.     194,     1913. 

§  7573.  Plans,  Sites  and  Courses  of  Study.  It  shall  be  the  duty 
of  the  superintendent  of  public  instruction,  with  respect  to  schools  in 
consolidated  districts,  to  approve  plans  and  sites  of  buildings  and  their 
equipment  and  the  equipment  of  the  premises;  to  prepare  suggestive 
courses  of  study,  including  an  industrial  course;  and  through  such  super- 
visor as  he  may  appoint,  and  in  connection  with  the  county  superintend- 
ent, exercise  supervision  over  such  consolidated  school. 
Source:      §    5,    Ch.    194,    1913. 

§  7574.  Transportation  of  Pupils.  The  board  of  education  of  a  con- 
solidated school  district  is  authorized  to  provide  for  the  transportation 
of  pupils  and  it  shall  be  the  duty  of  the  board  to  provide  and  maintain 
means  of  transportation  for  all  such  pupils  as  live  a  greater  distance 
than  two  miles  from  the  school.  Such  transportation,  whether  provided 
by  the  board  or  by  parents  under  an  arragement  with  the  board,  shall 
be  in  a  comfortable  and  safe  conveyance,  the  driver  of  which  shall  use 
every  care  for  the  safety  of  the  children  under  his  charge,  and  shall  main- 
tain discipline  therein.  In  lieu  of  providing  transportation,  the  board  may 
make  arrangements  with  the  parent,  guardian  or  other  person  to  transport 
such  children  as  may  live  more  than  two  miles  from  the  school,  providing 
that  such  parent,  guardian  or  other  person  shall  provide  for  the  trans- 
portation of  the  children  a  comfortable  and  convenient  conveyance,  well 
supplied  with  protection  against  inclement  weather,  and  shall  actually 
transport  or  provide  for  the  transportation  of  such  children  to  the  school 
for  at  least  seven  months  of  each  school  year.  In  cases  where  it  is  prac- 
ticable, conveyance  by  interurban,  steam  railway  or  automobile  shall  be 
equivalent  to  transportation  by  team:  Provided,  that  the  board  of  edu- 
cation shall  have  authority  under  this  section  to  designate  and  establish 
routes  for  the  transportation  of  children  and  to  designate  points  within 
convenient  and  easy  access  to  the  several  homes  of  the  children  entitled 
to  transportation  where  the  conveyance  shall  stop  and  take  such  children 
on  in  the  morning  and  put  them  off  in  the  evening,  but  no  such  point 
designated  as  a  place  to  take  on  any  child  entitled  to  transportation  shall 
be  more  than  five-eighths  of  a  mile  from  the  home  of  such  child;  provided, 
further,  that  the  board  may,  in  lieu  of  providing  for  transportation,  ex- 
pend a  reasonable  amount  for  room  and  board  of  pupils  whose  attendance 
at  such  school  can  more  economically  and  satisfactorily  be  provided  for  by 
such  means. 

Source:      §    6,    Ch.    194,    1913. 

§  7575.  Title  of  Property.  In  case  of  the  formation  of  a  consoli- 
dated district  comprising  territory  previously  not  included  in  any.  school 
district,  like  proceedings  shall  be  had,  within  ten  days  after  the  organi- 
zation of  such  consolidated  district,  and  in  all  cases  of  change  of  bound- 
ary or  consoldation  of  districts,  the  title  to  the  school  house  sites  and 
other  school  property  shall  vest  in  the  district  in  which  such  property  is 
included  after  such  change  or  consolidation;  and  in  case  of  consolidation, 
the  officers  of  the  old  districts  shall  continue  to  exercise  their  duties  until 
the  officers  of  the  new  district  qualify. 

Source:      §    7,    Ch.    194,    1913. 

56 


§  7576.  Name.  The  name  of  any  consolidated  school  district  or- 
ganized   under  the   preceding   sections   shall    be   " 

Independent  Consolidated  District  Number  of 

County,    South    Dakota,"    inserting    in    the    first    blank    a    distinctive    name 
when   desired  by  the  electors  of  such  district. 
Source:      §    8,    Ch.    194,    1913. 

§  7577.  Power  to  Purchase  Land.  Authority  is  expressly  given  to 
the  school  board  of  each  consolidated  school  district  to  purchase  any  land 
which  may  be  necessary  for  school  house  sites  and  to  provide  the  demon- 
stration plat  necessary  to  meet  the  requirements  of  the  law  governing 
such  district  and  the  same  shall  be  and  become  the  property  of  such  dis- 
trict forever;  provided,  that  in  case  it  is  necessary  to  expend  more  than 
two  hundred  dollars  for  the  purchase  of  additional  lands,  the  question  of 
purchasing  such  lands  shall  be  first  submitted  to  a  vote  of  the  voters  of 
such  district,  and  if  a  majority  of  the  voters  voting  at  any  regular  meet- 
ing of  such  district,  or  at  any  special  meeting  of  such  district  called  ac- 
cording to  law  for  that  purpose,  shall  vote  in  favor  of  buying  the  addi- 
tional land,  the  board  shall  at  once  proceed  to  purchase  the  same;  pro- 
vided, also,  that  whenever  the  land  so  selected  is  common  school  or  en- 
dowment lands,  it  shall  be  lawful  for  the  governor  and  commissioner  of 
school  and  public  lands  to  convey  title  thereto  in  the  manner  now  pro- 
vided by  law  for  conveying  title  to  school  house  sites,  in  tracts  of  from 
two  to  ten  acres  inclusive. 

Source:      §    8,    Ch.    194,    1913;    Ch.    176, 
1915. 


(S.  B.    94.) 
RELATING  TO  ABANDONMENT  OF  CONSOLIDATED  SCHOOL  DISTRICTS. 


§  1.  That  in  all  school  districts  in  which  an  election  has  been  held 
for  the  purpose  of  forming  a  "Consoldidated  School  District"  and  in  which 
no  building  or  buildings  have  been  erected  or  purchased  and  in  which  no 
bonds  have  been  issued  since  the  Consolidation  of  said  District,  an  election 
may  be  called  and  held,  as  hereinafter  provided,  after  the  expiration  of  two 
years  from  the  Consolidation  of  such  district  or  districts,  for  the  purpose  of 
determining  whether  the  Consolidation  of  such  district  or  districts  shall  be 
abandoned,  and  said  dictrict  or  district  re-organized  as  common  school  dis- 
tricts. 

§  2.  Upon  presentation  to  the  County  Superintendent  of  a  petition 
signed  by  at  least  forty  (40)  per  cent  of  the  electors  of  any  such  Consolid- 
ated School  District,  qualified  to  vote  at  school  meetings,  the  genuineness 
of  signatures  shall  be  verified  by  the  affidavit  of  the  person  who  circulated 
such  petition,  asking  for  the  abandonment  of  such  Consolidated  District, 
the  County  Superintendent  shall  within  ten  (10)  days  cause  ten  days 
posted  notice  to  be  given  in  said  Consolidated  School  District  of  an  elec- 
tion to  be  held  upon  the  question  of  the  abandonment  of  the 
consolidation  of  said  district,  at  a  time  and  place  so  specified 
in  such  notice.  At  such  election,  the  electors,  not  less  than 
fifty  (50)  per  cent  being  present,  shall  elect  from  their  number  a 
Chairman  and  Clerk  who  shall  be  the  officers  of  the  meeting.  The 
Chairman  shall  appoint  two  tellers  and  the  meeting  or  election  shall  be  con- 
ducted as  are  the  regular  annual  school  meetings.  The  vote  of  such  elec- 
tion or  meeting  shall  be  by  ballot  which  shall  read  "For  Abandonment  of 
Consolidation"  or  "Against  Abandonment  of  Consoldiation."  The  officers  of 
such  meeting  or  election  shall  within  ten  (10)  days  certify  the  results  of 
the    vote    to    the    County    Superintendent.      If    seventy-five     (75)     per    cent 

57 


of  the  votes  are  for  the  abandonment  of  consolidation,  the  County  Super- 
intendent shall  immediately  make  proper  orders  to  give  effect  to  such  vote 
and  shall  transmit  a  copy  thereof  to  the  auditor  of  the  County  and  to 
the  Clerk  of  the  said  district  affected,  and  also  to  the  Superintendent 
of  Public  Instruction.  The  County  Superintendent  shall  also  immediately 
cause  ten  (10)  days  posted  notice  in  the  territory  included  in  said  abandon- 
ed consolidated  school  district  to  be  given  of  a  meeting  to  be  held  for  the 
purpose  of  electing  a  Chairman,  Clerk  and  Treasurer  therein  which  territory 
shall  thereafter  be  and  remain  a  school  district  and  be  governed  by  the 
General  Laws  of  the  State  of  South  Dakota  applying  to  common  school  dis- 
tricts until  changed  or  divided  by  the  provisions  of  law  applying  thereto. 

§  3.  All  properties  acquired  by  the  Consolidated  School  Districts 
seeking  to  be  dissolved  under  this  act  and  where  such  Consolidated  Dis- 
trict has  been  dissolved  shall  be  redistributed  by  the  County  Superintendent 
to  the  school  districts  which  are  created  from  the  dissolved  consolidated 
school  district  in  the  same  ratio  as  such  property  was  acquired. 
Source:     Ch.    171,    S.    L.    1919. 


CHAPTER   6. 
TOWNSHIP   HIGH   SCHOOLS 


Article   1.      Organization. 
Article   2.      Government. 


ARTICLE    1. 
ORGANIZATION 


§    7578.     Election     Called.  §   7582.     Union     of    Townships. 

§    7579.     Ballots    and    Elections.  §   7583.     Discontinuance. 

§    7580.     Township      Board     of      Educa-  §    7584.      Elections      and      Ballots — Dia- 

tions  continuance. 

§   7581.     Board    Establish    School. 

§  7578.  Election  Called.  Upon  the  petition  of  not  less  than  twenty- 
five  electors  of  any  civil  township,  filed  with  the  township  clerk  at  least 
fifteen  days  preceding  the  regular  erection  of  township  supervisors,  it 
shall  be  the  duty  of  such  clerk  to  notify  the  voters  of  such  township  that 
an  election  for  or  aganist  a  township  high  school  will  be  held  at  the  next 
regular  election  of  township  supervisors  by  posting  notices  of  such  elec- 
tion in  three  public  places  throughout  such  township  for  at  least  ten 
days  before  the  election,  which  notices  may  be  in  the  following  form: 

HIGH   SCHOOL   ELECTION 

Notice  is  hereby  given  that  on  Tuesday,  the  day  of  March, 

19 ,   an  election  will  be  held  at  for  the  purpose  of  voting 

for   or    against    the    proposition    to    establish    a    township    high    school,    for 

the  benefit  of  township  No range  No The  polls 

for  such  election  will  open  at  and  close  at  o'clock 

on  said  day. 


Township    Clerk. 

Source:      §     213,     Ch.     135,     1907;     Ch. 
220,     1917. 

§   7579.     Ballots  and  Elections.     The  ballots  for  such  election  shall  be 
received  and  canvassed  as  in  other  township  elections. 

Source:      §     214,    Ch.    135,    1907. 

58 


§  7580.  Township  Board  of  Education.  If  a  majority  of  the  voters 
at  such  election  shall  favor  establishing  a  township  high  school,  it  shall 
be  the  duty  of  the  supervisors  to  call  a  special  election,  on  any  Tuesday 
within  sixty  days  thereafter,  for  the  purpose  of  electing  a  township  board 
of  education  to  consist  of  one  director,  one  clerk,  one  treasurer;  notice 
of  which  election  shall  be  given  for  the  same  time  and  in  the  same  man- 
ner as  provided  for  the  election  of  township  supervisors.  The  members 
elected  shall  determine  by  lot  at  their  first  meeting  the  length  of  term 
each  is  to  serve.  One  shall  serve  for  one  year,  one  for  two  years,  and 
one  for  three  years,  from  the  second  Tuesday  of  July  next  succeeding  their 
election.  Successors  shall  be  elected  at  the  same  time  and  place  as  the 
regular  township  elections  are  held.  Whenever  a  vacancy  occurs  the  county 
superintendent  shall  appoint  a  member  who  shall  serve  until  a  successor 
is  elected  and  qualified.  Within  thirty  days  after  the  election,  the  mem- 
bers-elect of  the  township  board  of  education  shall  qualify  by  taking  the 
constitutional  oath  and  giving  a  bond  to  the  high  school  township;  the 
director  in  the  sum  of  one  hundred  dollars,  the  clerk  in  the  sum  of  twc 
hundred  dollars,  and  the  treasurer  in  such  sum  as  may  be  fixed  by  the 
clerk  and  director,  but  not  less  than  double  the  sum  of  the  money,  as 
nearly  as  can  be  ascertained,  to  come  into  his  hands  in  any  one  year. 
The  bonds  of  the  clerk  and  director  shall  be  signed  by  at  least  one  surety, 
and  that  of  the  treasurer  shall  have  at  least  two  sureties.  The  bond  oi 
each  officer  shall  be  approved  by  the  other  two  members  of  the  board,  and 
shall  be  conditioned  that  he  will  faithfully  perform  his  duties  and  ac- 
count for  any  money  or  property  of  such  high  school  township  that  may 
come  into  his  hands  or  care.  The  oaths  and  bonds  of  the  members  of  the 
first  board  shall  be  approved  by  the  township  clerk.  All  bonds  of  the 
board  of  education  shall  be  filed  with  the  auditor  of  the  county  wherein 
such  high  school  township  is  organized.  Failure  to  qualify  within  thirty 
days  shall   ipso  facto  create   a  vacancy. 

Source:      §    215,    Ch.    135,    1907. 

§  7581.  Board  Establish  School.  It  shall  be  the  duty  of  the  town- 
ship board  of  education  to  establish  at  some  central  point  most  conven- 
ient to  a  majority  of  the  pupils  of  the  township  a  high  school  for  the  edu- 
cation of  the  more  advanced  pupils.  It  shall  have  charge,  direction  and 
management  of  the  high  school  of  the  township,  and  the  care,  custody 
and  control  of  all  the  property  belonging  to  it.  It  shall  assist  and  cooper- 
ate with  the  teacher  or  teachers  in  the  government  and  discipline  of  the 
school  and  may  make  proper  rules  and  regulations  therefor.  It  may  sus- 
pend or  expel  from  school  any  person  insubordinate  or  habitually  dis- 
obedient; provided,  that  such  suspension  shall  not  be  for  a  shorter  period 
than  ten  days,  nor  beyond  the  end  of  the  current  term  of  school. 

Source:      §    216,     Ch.     135,     1907. 

§   7582.     Union  of  Townships.        In  like  manner  the  voters  and  super- 
visors of  two  or  more  adjoining  townships  may  cooperate  in  the  establish- 
ment and  maintenance  of  a  high  school  upon  such  terms  as  may  be  agreed 
upon   in   writing  by  the  respective  boards   of  supervisors. 
Source:      §    217,    Ch.    135,    1907. 

§  7583.  Discontinuance.  When  any  township  or  townships  shall 
have  organized  a  high  school  and  wish  to  discontinue  the  same,  upon  peti- 
tion of  not  less  than  a  majority  of  the  legal  voters  of  such  township  oi 
townships,  filed  with  the  township  clerk  or  clerks,  at  least  fifteen  days 
preceding  the  regular  election  of  supervisors,  it  shall  be  the  duty  of  such 
clerk  or  clerks  to  notify  the  voters  of  such  township  or  townships  that  an 
election  will  be  held  on  the  day  of  the  regular  election  of  supervisors  for 
the  purpose  of  voting  for  or  against  discontinuing  the  township  high  school 
which   notice  shall  be  given  in  the  same  manner,   for  the  same  length   of 

59 


time,    and   may   be  in   substantially   tbe   same    form    as    the    notice    herein- 
before provided. 

Source:      §    218,    Ch.    135,    1907. 

§  7584.  Elections  and  Ballots — Discontinuance.  The  ballots  for 
such  election  shall  be  received  and  canvassed  in  the  same  manner  as  here- 
inbefore provided.  If  a  majority  of  the  votes  cast  at  such  election  shall  be 
in  favor  of  discontinuing  the  high  school,  it  shall  be  the  duty  of  the  board 
of  education  to  discontinue  the  same,  and  turn  all  the  assets  of  such  high 
school  into  money  and  deposit  the  same  in  the  county  treasury  to  the 
credit  of  the  school  funds  of  the  various  districts  or  parts  of  districts  em- 
braced within  such  high  school  township  or  townships,  in  proportion  to  the 
assessed  valuation  of  such  districts  or  parts  of  districts,  to  be  used  for 
general  school  purposes. 

Source:      §    219,    Ch.    135,    1907. 


ARTICLE    2. 
GOVERNMENT 


§    7585.     Meetings    of    Board.  §   7587.     Corporate    Name    and    Powers. 

§   7586.     Tax    Levy.  §   7588.      Salary. 

§  7585.  Meeting  of  Board.  The  regular  meetings  of  the  board  of 
education  for  the  transaction  of  business  shall  be  on  the  second  Tuesday 
of  July,  the  last  Tuesday  of  November  and  the  last  Tuesday  of  March,  at 
such  hour  and  place  as  may  be  fixed  by  the  board  of  education;  provided, 
that  the  clerk  of  the  board  shall,  when  requested  by  a  majority  of  the 
board,  call  a  special  meeting  at  any  time,  by  giving  written  notice  to  each 
member  of  the  board  at  least  three  days  prior  to  the  meeting. 

Source:      §    220,    Ch.    135,    1907. 

§  7586.  Tax  Levy.  The  board  of  education  shall  have  power  to 
levy  upon  the  property  of  the  township  a  tax  for  high  school  purposes  of 
not  exceeding  ten  mills  on  the  dollar  in  any  one  year,  which  levy  shall  be 
made  by  resolution  of  the  board  at  its  regular  July  meeting.  The  clerk 
shall  immediately  thereafter  notify  the  county  auditor,  in  writing,  of  the 
tax  so  levied.  The  board  of  education  shall  have  power  and  may  direct 
the  removal  of  the  school  house  to  a  more  convenient  location  upon  the 
petition  of  two-thirds  of  the  electors  of  the  entire  school  township. 
Source:      §    221,    Ch.    135,    1907. 

§  7587.  Corporate  Name  and  Powers.  Every  civil  township,  or- 
ganized for  the  purpose  of  establishing  a  township  high  school  under  this 
chapter  shall  be  a  corporation  for  high  school  purposes  under  the  name 
of  the  civil  township,  the  territory  of  which  it  comprises,  and  may  under 
its  name  sue  and  be  sued,  contract  and  be  contracted  with,  purchase,  hold 
and  use  personal  and  real  property  for  the  purposes  mentioned  in  this 
chapter. 

Source:      §    222,    Ch.    135,    1907. 

§  7588.  Salary.  Each  member  of  the  board  of  education,  provided 
for  in  this  chapter,  shall  receive  a  salary  of  one  dollar  and  fifty  cents  for 
each  day  actually  and  necessarily  spent  in  the  discharge  of  his  official 
duties,  provided,  such  salary  shall  not  exceed  twenty-five  dollars  in  any 
one  year. 

Source:      §    224,    Ch.    135,    1907. 


60 


CHAPTER   7. 
SCHOOL  CENSUS 


I   im~     5uty    °t   Clerk.       „  §   7591.     Duty       of       Commissioner       of 

§   7590.     Duty    of    County    Superintend-  School    and   Public  Lands, 

ent. 

§  7589.  Duty  of  Clerk.  It  shall  be  the  duty  of  the  clerk  of  the 
school  district  board  or  clerk  of  the  board  of  education,  or  some  person 
employed  by  him,  in  each  school  district,  on  or  before  the  first  Monday 
in  June  of  each  year  to  take  the  census  of  all  children  under  twenty-one 
and  over  six  years  of  age,  residing  in  the  district.  In  all  cases  where 
the  clerk  employs  another  person  to  take  the  school  census,  before  enter- 
ng  upon  such  duty  such  person  shall  take  and  subscribe  an  oath  to  per- 
form faithfully  the  duties  of  census  enumerator  of  such  school  district  to 
the  best  of  his  ability  and  that  he  will,  by  a  house  to  house  visitation  or 
by  conference  with  a  member  of  each  family,  enter  in  such  census  the 
names  of  all  children  of  legal  school  age,  as  herein  defined,  and  none 
other,  and  such  oath  he  shall  file  with  the  county  superintendent  of 
schools.  The  census  shall  show  the  age  of  the  child  on  May  first,  the 
name  of  the  parent  or  guardian  of  each,  and  shall  be  filed  with  the  county 
superintendent  on  or  before  the  first  Monday  in  June.  The  clerk  shall 
also  place  one  copy  of  such  census  in  the  register  of  each  school  in  the 
district.  In  taking  the  census  the  clerk,  either  by  a  house  to  house  visi- 
tation or  by  conference  with  a  member  of  each  family,  shall  determine 
positively  the  data  regarding  all  children  entitled  to  be  enrolled  on  the 
census  as  herein  defined.  If  any  clerk  or  person  employed  by  him  shall 
wilfully  enter  and  return  in  such  census  the  name  of  any  child  not  law- 
fully entitled  to  enrollment  on  account  of  either  age  or  residence,  he  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  by  "a  fine  not  exceeding  one  hundred  dollars.  For  the  labor  in- 
curred in  taking  the  census,  the  clerk  or  person  employed  by  him  shall 
be  entitled  to  receive  such  remuneration  as  shall  be  fixed  by  the  district 
board,  which  shall  be  paid  from  the  district  treasury.  No  clerk  or  person 
employed  by  him  shall  receive  pay  for  taking  the  census  until  such  report 
shall  have  been  approved  by  the  county  superintendent  and  the  chairman 
of  the  district  board  notified  by  the  county  superintendent:  Provided,  that 
the  remuneration  so  received  shall  not  be  counted  as  salary. 
Source:      §    99,    Ch.    135,    1907. 

§  7590.  Duty  of  County  Superintendent.  It  shall  be  the  duty  of 
the  county  superintendent  of  schools  to  receive  such  census  from  each 
school  district  clerk  in  his  county,  and  to  inspect  carefully  the  same,  and 
by  comparison  with  the  previous  census  of  such  district  and  other  means 
verify  its  accuracy,  and  if  on  examination  and  comparison  he  find  such 
census  to  be  inaccurate,  insufficient,  or  including  names  not  properly  en- 
rolled in  the  school  district,  it  shall  be  his  duty  to  cause  a  new  census  of 
such  school  district  to  be  made,  and  the  expense  thereof  shall  be  charged 
to  and  paid  by  the  district  so  making  the  insufficient,  false  or  fraudulent 
return,  in  which  case  the  first  census  enumerator  shall  be  entitled  to  no 
remuneration. 

Source:      §    100,    Ch.    135,    1907. 

§   7591.      Duty   of  Commissioner  of  School  and  Public   Lands.      On   or 

before  the  first  day  of  July  in  each  year,  each  county  superintendent  shall 
report  under  oath  to  the  commissioner  of  school  and  public  lands  the 
enumeration  of  persons  of  school  age  in  each  school  district  in  his  county 
according  to  the  census  of  school  districts  as  hereinbefore  provided.  Upon 
receipt  of  such  report  it  shall  be  the  duty  of  the  commissioner  of  school 
and  public  lands  to  inspect  carefully  each  report  so  received  and,  by  com- 

61 


parison  or  otherwise,  to  satisfy  himself  of  the  accuracy  thereof,  and  if, 
by  such  inspection,  comparison  or  other  means  he  shall  become  satisfied 
that  the  census  of  any  school  district  as  reported  is  insufficient,  false  or 
fraudulent,  it  shall  be  his  duty  to  provide  for  a  re-enumeration  of  such 
school  district,  and  the  expense  of  such  re-enumeration  shall  be  paid  by 
the  school  district  so  re-enumerated.  And  upon  the  census  of  all  the 
school  children  secured,  as  hereinbefore  provided,  he  shall  apportion  the 
school  funds  as  provided  by  law. 
Source:     §    101,   Ch.    135,    1907. 


CHAPTER   8. 
SCHOOL  BONDS 


Article   1.      In  Common  School  Districts. 
Article   2.      In  Independent   Districts. 


§ 

7592. 

Bonds    May    be    Issued. 

§ 

7597. 

§ 

7593. 

Election. 

§ 

7598. 

5 

7594. 

Denomination    of    Bonds. 

§ 

7599. 

§ 

7595. 

Form — County    Auditor's 

Cer- 

§ 

7600. 

tificate. 

§ 

7601. 

5 

7596. 

Bond    Tax   Levy. 

ARTICLE    1. 
IN   COMMON   SCHOOL   DISTRICTS 


Sale  of  Bonds. 

Auditor    May    Levy    Tax 

Cancellation. 

Contracts   for   Buildings. 

Certificate    to    County   Auditor. 

§  7592.  Bonds  May  Be  Issued.  Whenever  the  qualified  electors  of 
a  common  school  district  shall,  at  any  regular  or  special  meeting  held  for 
that  purpose,  vote  to  issue  bonds  for  the  purpose  of  building  and  furnish- 
ing a  school  house,  purchasing  grounds  on  which  to  locate  the  same,  or 
to  fund  an  outstanding  indebtedness,  the  school  district  board  may  law- 
fully issue  such  bonds  in  accordance  with  the  provisions  of  this  article: 
Provided,  however,  that  the  question  of  issuing  bonds  shall  not  be  sub- 
mitted to  a  vote  of  the  district  and  no  meeting  shall  be  called  for  that 
purpose  until  the  school  district  board  shall  have  been  petitioned  in  writ- 
ing by  one-third  of  the  voters  resident  in  such  school  district. 

Source:      §    151,    Ch.    135,    1907. 

§  7593.  Election.  Before  the  question  of  issuing  bonds  shall  be 
submitted  to  a  vote  of  the  school  district,  notices  shall  be  posted  in  at 
least  three  public  places  in  such  district  stating  the  time  and  place  of 
meeting,  the  amount  of  bonds  proposed  to  be  issued  and  the  time  at  which 
they  shall  be  made  payable.  Such  notices  shall  be  posted  not  less  than 
twenty  days  before  the  meeting,  and  the  voting  shall  be  done  by  means 
of  written  or  printed  ballots.  All  ballots  deposited  in  favor  of  issuing  the 
bonds  shall  have  thereon  the  words  "For  issuing  bonds,"  and  those  oppos- 
ed thereto  shall  have  thereon  the  words  "Against  issuing  bonds";  and  if 
a  majority  of  all  the  votes  cast  shall  be  in  favor  of  issuing  bonds,  the 
school  board  through  its  proper  officers  shall  forthwith  proceed  to  issue 
bonds  in  accordance  with  the  vote;  but  if  a  majority  of  all  the  votes  cast 
shall  be  against  issuing  bonds,  then  no  further  action  can  be  had,  and 
the  question  shall  not  be  again  submitted  to  a  vote  for  one  year  there- 
after, except  for  a  different  amount. 

Source:      §    152,    Ch.    135,    1907. 

§  7594.  Denomination  of  Bonds.  The  denomination  of  the  bonds 
which   may   be   issued    under   the    provisions    of    this    article    shall    be   fifty 

62 


dollars  or  some  multiple  of  fifty,  not  exceeding  five  hundred  dollars, 
and  shall  bear  interest  at  the  rate  of  not  exceeding  seven  per  cent  per 
annum,  payable  semi-annually  in  accordance  with  interest  coupons  which 
shall  be  attached  to  the  bonds;  and  such  bonds  shall  be  made  payable  in 
annual,  biennial  or  triennial  succession,  but  no  bond  shall  be  made  pay- 
able in  less  than  five  nor  more  than  twenty  years;  Provided,  that  in  no 
case  shall  the  amount  exceed  five  per  cent  upon  the  assessed  valuation  of 
the  taxable  property  within  the  district,  as  fixed  by  the  tax  commission, 
for  the  year  preceding  the  issue  of  such  bonds. 
Source:      Ch.    177,    S.   L.    1919. 

§  7595.  Form — County  Auditor's  Certificate.  Whenever  any  bonds 
are  issued  under  the  provisions  of  this  article,  they  shall  be  lithographed 
or  printed  on  good  bond  paper  and  shall  state  upon  their  face  the  date  of 
their  issue,  the  amount  of  the  bond,  to  whom  and  for  what  prupose  is- 
sued, also  the  time  and  place  of  payment,  and  rate  of  interest  to  be 
paid.  They  shall  have  printed  upon  the  margin  the  words,  "Authorized 
by  the  South  Dakota  Revised  Code  of  1919."  and  upon  the  back  of  the 
bonds  a  certificate  signed  by  the  county  auditor  in  substantially  the  fol- 
lowing form: 

"I  certify  that  the  within  bond  is  issued  in  accordance  with  law,  and 
is    within    the    debt    limits    prescribed    by    the    constitution    of    the    state    of 

South  Dakota,  and  in  accordance  with  a  vote  of  school 

district  at  a  regular   (or  special)   meeting  on  the  day  of  

19 to  issue  bonds  to  the  amount  of  dollars."     Such 

bond   shall   be  signed  by  the  chairman   and  clerk  of   the   school   board   and 
shall   be   registered   and   numbered   in   a   book   to   be   kept   by   the   clerk   for 
that  purpose,  in  which  shall  be  entered  the  number,  date,   name  of  person 
to  whom  issued,  and  the  dates  when  the  same  shall  become  due. 
Source:      §    154,    Ch.    135,    1907. 

§  7596.  Bond  Tax  Levy.  In  any  school  district  having  outstanding 
bonds,  which  has  not  provided  for  an  interest  and  sinking  fund,  the 
school  board  shall  have  the  power  at  the  time  the  school  taxes  are  levied 
to  levy  a  tax,  in  addition  to  other  taxes,  sufficient  to  pay  the  interest 
on  such  outstanding  bonds  as  the  same  may  become  due  and  not  to  exceed 
twenty  per  cent  of  the  principal  as  a  sinking  fund.  Such  tax  shall  be 
certified  to  the  county  auditor  by  the  school  clerk  at  the  same  time  that 
the  levies  for  other  purposes  are  certified.  The  money  obtained  from  the 
levies  for  the  interest  and  sinking  fund  shall  not  be  used  for  any  other 
purpose  than  that  for  which  the  levies  are  made;  Provided,  that  when  any 
school  district  shall  hereafter  issue  bonds,  the  school  district  board  shall 
at  or  before  the  time  of  so  doing  provide  for  the  levy  of  an  annual  tax 
sufficient  to  pay  the  interest  and  principal  thereof  when  due,  and  all  such 
levies  when  legally  made  shall  be  irrepealable  until  such  debt  shall  be  paid; 
provided,  further,  that  such  levy  in  any  year  shall  not  be  greater  than 
twenty  per  cent  of  the  debt  to  be  paid.  The  school  board  may  in  its  dis- 
cretion purchase  any  of  its  outstanding  bonds  at  their  market  value  and 
pay  for  the  same  out  of  the  sinking  fund. 
Source:     Ch.    177,    S.    L.    1919. 

§  7597.  Sale  of  Bonds.  Whenever  any  bonds  shall  be  issued  under 
the  provisions  of  this  article,  the  school  district  treasurer  shall  have  au- 
thority to  negotiate  and  sell  such  bonds  for  not  less  than  par,  and  the  pro- 
ceeds shall  be  used  exclusively  for  the  purpose  of  building  and  furnishing 
a  school  house  and  in  payment  for  a  site  for  the  same  and  for  necessary 
buildings. 

Source:      §     155,    Ch.    135,    1907. 

§  7598.  Auditor  May  Levy  Tax.  When  any  school  board  neglects 
or  refuses   to  levy  a  tax  in  accordance   with   law  to    meet  any   outstanding 

63 


bonds  or  interest  thereon,  the  county  auditor  shall  have  power  to  levy  such 
tax,  and,  when  collected,  to  apply  the  proceeds  to  the  payment  of  such 
coupons  and  bonds. 

Source:      §    156,    Ch.    135,    1907. 

§  7599.  Cancellation.  Whenever  the  bonds  of  any  school  district 
shall  have  been  redeemed  by  the  school  board,  they  shall  be  canceled  by 
writing  or  printing  in  red  ink  the  words  "canceled  and  paid"  across  each 
bond  and  coupon,  and  the  date  of  the  payment  and  the  amount  paid  shall 
be  entered  in  the  clerk's  register  against  the  proper  number  of  the  bond 
and  the  bonds  so  canceled  shall  be  filed  in  the  office  of  the  district  treas- 
urer until  all  the  outstanding  bonds  are  paid,  when  they  shall  be  de- 
stroyed in  the  presence  of  the  full  board. 
Source:      §    157,    Ch.    135,    1907. 

§  7600.  Contracts  for  Buildings.  Whenever  any  school  house  is 
built  with  funds  provided  in  the  manner  herein  authorized,  the  school 
board  shall  advertise  at  least  thirty  days  in  some  newspaper  printed  in 
the  county,  or  by  posting  notices  for  the  same  length  of  time  in  at  least 
three  of  the  most  public  places,  if  no  newspaper  is  published  in  the  county, 
for  sealed  proposals  for  building  and  furnishing  such  school  house  in  ac- 
cordance with  plans  and  specifications  that  shall  be  furnished  by  the 
school  board,  reserving  the  right  to  reject  any  and  all  bids,  and  if  any 
of  the  proposals  shall  be  reasonable  and  satisfactory  the  board  shall 
award  the  contract  to  the  lowest  responsible  bidder,  and  shall  require  of 
such  contractor  a  bond  in  double  the  amount  of  the  contract,  conditioned 
that  he  will  properly  account  for  all  money  and  property  of  the  school  dis- 
trict that  may  come  into  his  hands,  and  that  he  will  perform  the  condi- 
tions of  his  contract  in  a  faithful  manner  and  in  accordance  with  its  pro- 
visions, and  in  case  all  the  proposals  shall  be  rejected  such  board  shall 
advertise  anew  in  the  same  manner  as  before  and  until  a  reasonable  bid 
shall  be  submitted:  Provided,  however,  that  no  member  of  the  school 
district  board,  clerk  or  teasurer,  shall  be  interested,  directly  or  indi- 
rectly, in  any  contract  for  building  or  furnishing  any  school  house  pro- 
vided for  in  this  article. 

Source:      §    158,    Ch.    135,    1907. 

§  7601.  Certificate  to  County  Auditor.  When  any  school  district  in 
this  state  shall  have  voted  to  issue  its  negotiable  bonds  for  the  purposes 
provided  by  law,  and  before  the  county  auditor  shall  certify  to  the  bonds, 
as  required  hereinbefore,  such  district  shall  file  with  such  auditor  certified 
copies  of  the  record  of  such  school  district  ordering  such  election,  and  the 
records  and  poll  book  of  such  election,  and  unless  such  records  show  a 
strict  compliance  with   law,  such  certificates  shall   not  be   executed. 

Source:      §     160,    Ch.    135,    1907. 


ARTICLE  2. 
IN  INDEPENDENT  DISTRICTS 


§  7602. 

§  7603. 

§  7604. 

§  7605. 

§  7606. 


Authorized. 

Resolution. 

Notice    of    Election. 

Ballots. 

Board    Canvass    Votes. 


§  7607. 
§  7608. 
§  7609. 
§  7610. 
§  7611. 


Rate     of     Interest,     Execution. 

Sale. 

Limit    of  Issue,    Sinking   Fund. 

Payment    of    Interest    Coupons. 

Bond     Register. 


§  7602.  Authorized.  Boards  of  education  of  independent  school  dis- 
tricts are  authorized  and  empowered  to  issue  negotiable  bonds  in  the  man- 
ner hereinafter  provided  for  the  following  purposes:  1.  To  refund  bonds 
that  may  be  outstanding.     2.     To  fund  outstanding  warrants.     3.     To  raise 


64 


money  for  the  purpose  of  a  site  or  sites  and  the  erection  of  suitable  build- 
ings for  school  purposes. 

Source:      §     161,     Ch.     135,     1907;     §     1,  150    N.    W.    473. 
Ch.    139,    1911;    Ch.    185,    1913.  Recital    in    bonds    in    hands    of    bona 

Bond    issues    relating-    to    schools    in  fide    purchaser:      estopped.        Board    of 

cities    of    first    and    second    class    gov-  Education     of    City    of    Pierre     v.     Mc- 

erned    by    special    acts.      Sanders    v.    In-  Lean,    106    Fed.    817,    s     c.    181    U.    S.    622, 

dependent     School    Dis.,     35     S.     D.     48,  45    L.ed.    1032,    21    Sup.    Ct.    Rep.    925. 

§  7603.  Resolution.  When  the  board  of  education  of  any  independ- 
ent school  district  shall  deem  it  necessary  and  expedient  to  issue  bonds  for 
any  purpose  authorized  by  the  preceding  section,  it  shall  pass  a  resolution 
setting  forth  clearly  and  distinctly  the  object  or  objects  for  which  the 
bonds  are  to  be  issued,  the  amount  of  the  bonds,  the  maximum  rate  of 
interest  which  they  are  to  draw  and  the  time  when  they  shall  become  due 
and  payable.  Such  resolution  shall  distinctly  specify  the  propositions  to 
be  submitted  to  the  electors.  Such  resolution  may  include  the  issuing 
of  bonds  for  one  or  more. purposes.  When  such  resolution  shall  be  adopted 
by  the  board,  it  shall  be  entered  at  length  by  the  clerk  on  the  minutes, 
signed  by  the  president  and  attested  by  the  clerk. 

Source:      §     162,    Ch.     135,    1907;     §     1, 
Ch.    139. 

§  7604.  Notice  of  Election.  Notice  of  election  for  the  purpose  of 
taking  the  sense  of  the  school  corporation  upon  the  question  of  issuing 
bonds  shall  be  given  by  the  board  of  education,  signed  by  the  president 
and  clerk  of  such  board,  by  publishing  the  same  four  successive  weeks 
next  prior  to  the  date  of  holding  such  election,  in  a  newspaper  printed  and 
published  in  such  school  district,  and  if  no  newspaper  is  printed  and  pub- 
lished therein,  notice  shall  be  given  by  posting  copies  of  the  same  in  three 
of  the  most  public  places  within  such  school  district  at  least  thirty  days 
prior  to  such  election;  such  notice  shall  state  the  time  and  place  of  such 
election,  the  amount  of  bonds  asked  for  and  the  purpose  or  purposes  for 
which  they  are  to  be  issued,  the  maximum  rate  of  interest  they  are  to 
draw  and  when  they  are  to  become  due,  and  such  election  shall  be  con- 
ducted the  same  as  other  school  elections  in  such  school  district.  If  a 
majority  of  the  votes  cast  on  any  one  of  the  propositions  submitted  at 
such  election  shall  be  in  favor  of  such  proposition,  the  bonds  authorized 
thereby  shall  be  issued,  and  any  person  qualified  to  vote  at  a  school  elec- 
tion in  such  district  shall  be  qualified  to  vote  on  the  question  of  issing 
bonds. 

Source:     Ch.    178,    1915. 

§  7605.  Ballots.  The  ballot  to  be  used  shall  be  white  paper  and  shall 
be  printed  by  authority  of  the  board,  and  have  printed  upon  it  the  prop- 
ositions submitted  to  the  electors.  Such  proposition  or  propositions  so 
printed  on  the  ballot  shall  be,  as  nearly  as  practicable,  in  the  following 
form : 

1.  Shall  the  board  of  education  be  authorized  to  issue  bonds  in  the 
sum  of    (naming  it),  payable  in  twenty  years  or  less  from  date,   at  a  rate 

of  interest  not  exceeding per  cent   (naming  rate)    per  annum,  payable 

annually    (or  semi-annually),  for  the  purpose  of  refunding  the  outstanding 
bonded  indebtedness  of  such  school  corporation? 

2.  Shall  the  board  of  education  be  authorized  to  issue  bonds  in  the 
sum   of    (naming  it),  payable   in  twenty  years   or  les   from   date,   at  a   rate 

of  interest  not  exceeding per  cent    (naming  rate)   per  annum,  payable 

annually    (or   semi-annually),    for   the   purpose   of   funding    the   outstanding 
warrants  of  such  school  corporation? 

3.  Shall  the  board  of  education  be  authorized  to  issue  bonds  in  the 
sum  of  (naming  it),  payable  in  twenty  years  or  less  from  date,  at  a  rate 
of  interest  not  exceeding per  cent   (naming  rate)    per  an- 

65 


num,  payable  annually  (or  semi-annually),  for  the  purpose  of  purchasing 
suitable  sites  and  for  the  erection  of  suitable  school  buildings? 

4.  Shall  the  board  of  education  be  authorized  to  issue  bonds  in  the 
sum    of    (naming  it),   payable   in    twenty   years    or   less    from    date,    bearing 

a  rate  of  interest   not  exceeding   per   cent    (naming   rate)    per   annum, 

payable  annually  (or  semi-annually),  for  the  purpose  of  erecting  additions 
to  school  houses? 

On  the  ballots  there  shall  be  printed  opposite  each  separate  proposi- 
tion the  words  "Yes"  and  "No,"  with  squares  or  circles  before  them.  Any 
elector  desiring  to  vote  for  any  one  of  such  propositions  shall  mark  a 
cross  (X)  in  the  square  or  circle  opposite  the  word  "Yes".  Any  elector 
desiring  to  vote  against  any  one  of  such  propositions  shall  mark  a  cross 
(X)  in  the  square  or  circle  opposite  the  word  "No." 

Source:      §    165,    Ch.    135,    1907. 

§  7606.  Board  Canvass  Votes.  After  the  close  of  the  polls  the  re- 
spective election  boards  shall  canvass  the  votes  cast  and  certify  the  result 
to  the  board  of  education.  The  board  of  education  shall  meet  within  one 
week  after  such  election  and  proceed  to  canvass  the  votes  cast  in  the  vari- 
ous wards,  and  the  result  of  the  canvass  must  be  entered  in  the  minutes 
of  the  board.  If  one  or  more  of  such  propostions  receive  a  majority  of 
the  votes  cast  thereon,  the  clerk  must  enter  in  his  records  the  affidavits 
of  publication  of  notice  of  the  election. 

Source:      §     166,    Ch.    135,    1907. 

§  7607.  Rate  of  Interest,  Execution.  Such  bonds  shall  not  bear  a 
rate  of  interest  higher  than  seven  per  cent,  payable  annually  or  semi- 
annually, at  such  place  as  may  be  mentioned  upon  the  face  of  the  bonds, 
and  shall  be  payable  not  more  than  twenty  years  from  their  date.  Such 
bonds  shall  be  signed  by  the  president  of  the  board  of  education,  attested 
by  the  clerk,  with  the  corporate  seal,  and  countersigned  by  the  treasurer 
of  such  board.  Each  bond  so  issued  shall  be  for  not  less  than  fifty  dollars 
and  may  be  issued  payable  to  order  or  bearer.  •  The  interest  shall  be  evi- 
denced by  coupons  attached  to  the  bond.  The  coupons  shall  be  signed 
and  attested  in  the  same  manner  as  the  bonds,  but  need  not  be  counter- 
signed by  the  treasurer. 

Source:      §§     167,    194,    Ch.    135,    1907; 
Ch.    217,    1917. 

§  7608.  Sale.  Such  bonds  shall  be  sold  to  the  highest  bidder  for  not 
less  than  par,  the  board  of  education  having  caused  at  least  two  weeks 
notice  to  be  published  stating  the  time  when  and  place  where  sealed  bids 
for  such  bonds  will  be  received;  provided,  that  no  bonds  shall  be  issued 
until  the  question  of  issuing  the  same  shall  have  been  submitted  to  the 
electors  and  a  majority  of  the  qualified  electors  voting  on  the  question 
shall  have  declared  by  their  vote  in  favor  of  issuing  the  same. 

Source:      §§    168,    194,    Ch.    135,    1907. 
Ch.    217,    1917. 

§  7609.  Limit  of  Issue,  Sinking  Fund.  No  Board  of  Education  in 
any  independent  school  district,  or  any  consolidated  school  district  shall 
issue  bonds  in  the  amount,  which,  with  the  outstanding  indebtedness  of 
the  district,  shall  exceed  seven  per  cent  of  the  assessed  valuation  of  the 
taxable  property  within  such  district,  as  fixed  by  the  tax  commission  for 
the  year  preceding  the  issuing  of  such  bonds,  except  when  they  are  for 
funding  or  refunding  purposes,  but  the  amount  of  such  funding  or  refund- 
ing bonds,  with  the  debts  not  funded  or  refunded,  shall  not  exceed  such 
limitation;  and  at  or  before  the  issuing  of  any  bonds  such  board,  by  resolu- 
tion, shall  provide  for  the  collection  of  an  annual  tax  sufficient  to  pay  the 
interest  and  also  the  principal  thereof  when  due.  The  interest  and  sinking 
fund    thus   provided   for   shall   be   set   apart   by   the   treasurer   of   such   cor- 

66 


poration,  and  shall  not  be  used  for  any  other  purpose.  The  sinking  fund 
shall  be  applied  to  the  payment  of  the  bonds  at  or  below  par;  provided, 
that  such  board  may,  in  its  discretion,  pay  not  to  exceed  one  year's  inter- 
est in  advance  on  any  bond,  together  with  the  principal,  when  it  deems 
such  course  advisable. 

Source:      Ch.     174,    S.    L,.     1919. 

§  7610.  Payment  of  Interest  Coupons.  Whenever  the  interest  cou- 
pons on  any  bonds  become  due,  they  shall  be  promptly  paid  by  the  treas- 
urer on  presentation,  who  shall  stamp  them  "paid,"  with  the  date  of  pay- 
ment and  his  name.  All  bonds  paid  by  him  shall  be  canceled  in  the  same 
manner  and  filed  with  the  clerk  of  the  board. 
Source:      §    170,    Ch.    135,    1907. 

§   7611.     Bond  Register.      It  shall  be  the  duty  of  the  clerk  and  treas- 
urer to  register  each  bond  issued  in  a  suitable  book,  with  the  name  of  the 
purchaser  and  the  names  of  subsequent  holders  when   known.      Such   book 
shall  contain  columns  for  entering  the  payment  of  the  coupons  and   bonds. 
Source:      §    172,    Ch.    135,    1907. 


CHAPTER   9. 
SCHOOL  BUILDINGS 


Article   1.     Plans  and  Use. 
Article   2.      Contractors'  Bonds. 


ARTICLE  1. 
PLANS  AND  USE 


§    7612.     Plans     Approved     by    Superin-        §    7613.     Public    Meeting's. 

tendent     of     Public     Instruc-        §§   7614.     Use,    How    Secured, 
tion. 

§   7612.     Plans  Approved  by  Superintendent  of  Public  Intruction.      In 

order  that  due  care  may  be  exercised  in  the  heating,  lighting  and  ventila- 
tion of  public  school  buildings  hereafter  erected,  no  school  house  shall 
be  erected  by  any  board  of  education  or  school  district  board  in  this  state 
until  the  plans  and  specifications  for  the  same,  showing  in  detail  the 
proper  heating,  lighting  and  ventilation  of  such  building,  shall  have  been 
approved  by  the  superintendent  of  public  instruction.  School  houses  shall 
have  in  each  class  room  at  least  fifteen  square  feet  of  floor  space,  and  not 
less  than  two  hundred  cubic  feet  of  air  space  per  pupil,  and  shall  provide 
for  an  approved  system  of  heating  and  ventilation  by  means  of  which 
each  class  room  shall  be  supplied  with  fresh  air  at  the  rate  of  not  less 
than  thirty  cubic  feet  per  minute  for  each  pupil,  and  have  a  system  of 
heating  capable  of  maintaining  an  average  temperature  of  seventy  de- 
grees Fahrenheit  during  the  coldest  weather. 
Source:      §    237,    Ch.    135,    1907. 

§  7613.  Public  Meetings.  Public  school  houses,  outside  of  cities  and 
towns,  may  hereafter  be  used  for  public  meetings,  including  singing,  lit- 
erary societies,  political  and  other  meeting  for  moral  purposes;  provided, 
such  use  shall  be  entirely  without  expense  to  the  school  district  having 
control  of  such  school  house  for  heat,  light  and  care  of  same;  and  pro- 
vided,   further,    that   any   person    or    persons    or   public    body   so    using    any 

67 


such  school  house  shall  be  responsible  to  such  school  dictrict  for  any  and 
all  damages  that  may  be  caused  to  such  school  house,  fixtures  or  furniture 
by  reason  of  such  use  or  occupancy. 

Source:      §    1,    Ch.    114,    1909. 

§  7614.  Use,  How  Secured.  If  any  person  residing  within  the  dis- 
trict wishes  to  secure  the  school  house  for  any  meeting  or  meetings,  such 
as  are  enumerated  in  the  preceding  section,  and  makes  application  to  the 
chairman  of  the  school  board  or  other  school  officers  having  custody  of 
the  school  house,  it  shall  be  the  duty  of  such  chairman  or  school  officer 
to  grant  permission  for  such  meeting  or  meetings;  provided,  such  meet- 
ing or  meetings  shall  in  no  way  interfere  with  the  school  that  may  be  in 
session  at  the  time,  and  that  such  school  house  has  not  been  previously 
engaged  for  any  similar  meeting. 

Source:      §    2,    Ch.    114,    1909. 


ARTICLE  2. 
CONTRACTORS'   BONDS. 


§   7615.     Conditions — Actions — Interven-        §    7617.     Failure    to    Secure    Bond — Lia- 

tion.  bility    of    Corporation. 

§§   7616.     Rights    of    Subcontractors. 

§  7615.  Conditions — Actions — Intervention.  Whenever  any  contract 
is  entered  into  for  the  construction  or  repair  of  any  school  building  or  the 
furnishing  of  any  material  or  labor  therefor,  the  contractor  shall  be  re- 
quired, before  commencing  such  work,  to  furnish  the  usual  penal  bond,  in 
an  amount  not  less  than  the  contract  price,  for  the  faithful  performance  of 
such  contract,  with  good  and  sufficient  sureties,  with  the  additional  obli- 
gation that  such  contractor  shall  promptly  pay  all  persons  supplying  him 
with  labor  or  material  in  the  prosecution  of  the  work  provided  for  in  such 
contract;  and  any  person  who  has  furnished  labor  or  material  used  in  the 
construction  or  repair  of  any  school  building,  payment  for  which  has  not 
been  made,  shall  have  the  right  to  intervene  and  be  made  a  party  to  any 
action  instituted  by  the  school  corporation  on  the  bond  of  the  contractor, 
and  to  have  his  rights  and  claims  adjudicated  in  such  action  and  judgment 
rendered  thereon,  subject,  however,  to  the  priority  of  the  claim  and  judg- 
ment of  such  school  corporation.  If  the  full  amount  of  liability  of  the 
sureity  on  such  bond  is  insufficient  to  pay  the  full  amount  of  such  claims 
and  demands,  then,  after  paying  the  full  amount  due  the  corporation,  the 
remainder  shall  be  distributed  pro  rata  among  such  interveners. 

Source:      §    1,    Ch.    138,    1907;    §    1,    Ch. 
245,    1909. 

§  7616.  Rights  of  Subcontractors.  If  no  suit  should  be  brought  by 
the  school  corporation  within  six  months  from  the  completion  and  final 
settlement  of  such  contract,  the  person  supplying  the  contractor  with  labor 
or  material  shall,  upon  application  therefor  and  furnishing  affidavit  to  the 
corporation  that  labor  or  material  for  the  prosecution  of  such  work  has 
been  supplied  by  him  and  payment  for  the  same  has  not  been  made,  be 
furnished  with  a  certified  copy  of  such  contract  and  bond,  upon  which  he 
shall  have  a  right  of  action  and  shall  be  authorized  to  bring  suit  in  the 
name  of  the  school  corporation  in  the  circuit  court  in  the  county  in  which 
such  contract  was  to  be  performed  and  not  elsewhere,  for  his  use  and  ben- 
efit, against  such  contractor  and  his  sureties,  and  to  prosecute  the  same 
to  final  judgment;  provided,  that  where  suit  is  instituted  by  any  such  per- 
son on  the  bond  of  the  contractor,  it  shall  not  be  commenced  until  six 
months  after  the  complete  performance  of  such   contract   and   final  settle- 

68 


ment  thereof  but  must  be  commenced  within  one  year  thereafter;  and 
provided,  further,  that  where  suit  is  so  instituted  by  any  such  person  only 
one  action  shall  be  brought,  and  any  person  may  file  his  claim  in  such 
action  and  be  made  a  party  thereto  within  one  year  from  the  completion 
of  the  work  under  such  contract,  and  not  later;  and  provided,  further, 
that  costs  shall  not  be  taxed  in  such  suit  against  such  school  corporation. 
If  the  recovery  on  the  bond  should  be  inadequate  to  pay  the  amounts 
found  due  all  such  persons,  judgment  shall  be  given  to  each  person  for 
his  pro  rata  of  the  amount  of  the  recovery.  The  surety  on  such  bond  may 
pay  into  court  for  distribution  among  such  claimants  and  creditors  the 
full  amount  of  the  penalty  named  in  the  bond,  less  any  amount  which  such 
surety  may  have  paid  to  such  corporation  by  reason  of  the  execution  of 
such  bond,  and  upon  so  doing  the  surety  shall  be  relieved  from  further 
liability;  and  provided,  further,  that  in  all  suits  instituted  under  the  pro- 
visions of  this  article  personal  notice  of  the  pendency  of  such  suit,  inform- 
ing them  of  their  right  to  intervene,  as  the  court  may  order,  shall  be 
given  to  all  known  creditors,  and  in  addition  thereto  notice  shall  be  given 
by  publication  in  some  newspaper  of  general  circulation,  published  in  the 
county  where  the  contract  is  being  performed,  for  at  least  three  succes- 
sive weeks,  the  last  publication  to  be  at  least  three  months  before  the  time 
limited  therefor. 

Source:      §    2,    Ch.    138,    1907. 

§  7617.  Failure  to  Secure  Bond — Liability  of  Corporation.  In  case 
any  school  corporation  shall  fail  or  neglect  to  require  the  execution  of  the 
bond  provided  for  in  the  second  preceding  section,  such  corporation  shall 
be  liable  to  pay  any  person  who  shall  have  performed  labor  or  furnished 
any  material  that  entered  into  the  erection,  alteration,  repair  or  improve- 
ment of  such  building  the  value  of  such  work  or  material  and  an  action 
may  be  maintained  therefor;  provided,  that  an  action  brought  under  the 
provisions  of  this  section  shall  be  commenced  within  ninety  days  from  the 
acceptance  of  the  work  for  which  the  same  shall  be  claimed. 

Source:      §§    2,    3,    Ch.    245,    1909.  not     commenced      within      ninety     days 
Suit    maintainable    for    material    up-  must    be    pleaded    in    answer.       Plumb- 
on   failure   to   require   bond;    sufficiency  ing-   Supply  Co.    v.   Board   of  Education, 
of   complaint;    defense    that   action   was  32    S.    D.    129,    142    N.    "W.    260. 


CHAPTER    10. 
TEXT  BOOKS 


§  7618. 

§  7619. 

§  7620. 

§  7621. 

§  7622. 

§  7623. 

§  7624. 


County   Text  Book   Committee.  §  7625. 
Meeting'    of    Committee. 

Selecting-     Text     Books.  §  7626. 

Notice    of    Meeting.  §  7627. 

Contract     for     Books,     Deposi-  §  7628. 

tories    Designated.  §  7629. 

Contract    Provisions.  §  7630. 
Bond    of    Depository. 


List  of  Books  for  Each 
School. 

Free    Text    Books. 

Book    Cases. 

Contract    May    be    Modified. 

Bribery     Prohibited. 

Article  Not  Applicable  to  Cer- 
tain    Corporations. 


§  7618.  County  Text  Book  Committee.  The  county  superintendent 
of  schools,  the  president  of  the  board  of  education  of  all  independent  dis- 
tricts, the'  county  auditor,  states  attorney,  county  commissioners,  and  one 
person  from  each  commissioner's  district,  who  shall  be  selected  by  the 
members  of  the  school  board  of  such  commissioner's  district  present  at  a 
meeting  to  be  called  by  the  county  superintendent,  shall  constitute  the 
county  text  book  committee  for  the  purpose  of  selecting  and  adopting  all 
the  text  books  needed  for  use  in  public  schools  in  the  county.  The  county 
superintendent  of  schools  shall  be  chairman  of  such  committee,  the  county 


69 


auditor  shall   be  secretary  and  a  majority  of  such   committee  shall   consti- 
tute a  quorum  for  the  transaction  of  business. 

Source:      §    225,    Ch.    135,    1907.  committee"     to     distinguish     this     body 

The    name    "county    board    of    educa-       from     the    county    board    of    education 
tion"     changed     to     "county    text    book       in    unorganized    counties. 

§  7619.  Meeting  of  Committee.  Such  committee  shall  meet  at  the 
office  of  the  county  superintendent  of  schools  on  the  second  Tuesday  of 
June,  1922,  and  every  five  years  thereafter,  and  seledt  and  adopt  a  com- 
plete series  of  school  text  books  to  be  used  in  all  the  schools  of  the  county; 
provided,  that  nothing  in  this  article  shall  be  construed  to  prevent  any 
county  text  book  committee  from  selecting  a  series  of  text  books  from 
two  or  more  publishers;  provided,  further,  that  the  board  of  education 
in  independent  districts  may  adopt  other  or  additional  books  by  the  same 
or  other  authors.  The  county  text  book  committee  shall  advertise  for 
twenty  days  in  a  newspaper  published  in  each  county  that  at  a  time  and 
place  named  in  the  notice  such  committee  will  receive  sealed  bids  for  fur- 
nishing school  books  to  the  pupils  of  all  public  schools  in  the  county,  as 
provided  in  this  article,  for  a  term  of  five  years.  Other  necessary  books 
shall  be  purchased  and  contracted  for  at  the  same  time. 

Source:      §    226,    Ch.    135,    1907. 

§  7620.  Selecting  Text  Books.  Before  selecting  and  adopting  school 
text  books  in  accordance  wih  the  provisions  of  this  article,  it  shall  be  the 
duty  of  such  committee  to  take  into  consideration  the  books  used  in  the 
county,  and  all  books  submitted  by  publishers,  and  to  most  carefully  con- 
sider the  price,  the  type,  the  material,  the  binding  and  other  items  that 
go  to  make  up  a  desirable  text  book,  and  no  text  book  shall  be  adopted 
the  price  of  which  is  above  the  contract  or  wholesale  price  at  which  such 
books  shall  have  been  furnished  to  any  other  state,  county  or  school  cor- 
poration in  the  United  States  during  the  year  previous  to  such  adoption. 
The  county  superintendent  shall  annually  at  the  close  of  the  year  make  a 
report  to  the  county  text  book  committee  as  to  the  operation  of  the  school 
book  contract. 

Source:      §    227,    Ch.    135,    1907. 

§  7621.  Notice  of  Meeting.  The  county  superintendent  shall  notify 
each  member  of  the  county  text  book  committee,  in  writing,  of  the  time 
and  place  of  meeting  at  least  ten  days  before  the  date  of  meeting,  and  he 
shall  prepare  and  furnish  such  information  as  shall  assist  the  committee 
in  acting  for  the  best  interest  of  the  people. 

Source:      §     228,    Ch.     135,    1907. 

§  7622.  Contract  for  Books,  Depositories  Designated.  The  board  of 
county  comissioners  shall  contract  with  the  publishers  of  such  books  as 
have  been  adopted  by  the  county  text  book  committee,  designating  the 
price  at  which  such  books  shall  be  furnished  to  them  or  to  their  authorized 
agents,  and  they  shall  designate  a  depository  for  each  school  corporation 
in  the  county  where  school  books  shall  be  sold  to  pupils  at  not  more  than 
ten  per  cent  above  cost,  and  they  shall  pay  for  the  books  and  transporta- 
tion of  the  same,  so  contracted  for,  out  of  the  general  fund,  on  warrants 
signed  by  the  county  auditor  and  countersigned  by  the  chairman  of  the 
board  of  county  commissioners;  provided,  that  the  same  depository  may 
be  designated  for  one  or  more  school  corporations. 
Source:      §     229,    Ch.    135,    1907. 

§  7623..  Contract  Provisions.  The  following  shall  constitute  a  part 
of  every  contract  with  publishers  as  provided  in  this  article,  whether  con- 
tained in  such  contract  or  not:  Whenever  the  state  shall  have  published  a 
sufficient  number  of  text  books,  used  in  the  public  schools  of  the  state,  to 
supply  the  schools  of  any  county,  upon  notice  given  by  the  governor  to 
the  county  auditor   of  such   county,    this   contract   shall   be   void   as   far   as 

70 


it  relates  to  such  books  and  the  county  auditor  shall  immediately  notify 
the  publishers  holding  such  contract.  The  county  commissioners  of  such 
county  shall  forthwith  supply  all  the  schools  of  the  county  with  the  books 
printed  by  the  state.  The  auditor  of  such  county  shall  on  or  before  the 
eleventh  day  of  each  calendar  month  send  money  for  all  state  books  sold 
to  the  state  treasurer,  together  with  such  reports  as  the  governor  may 
direct. 

Source:      §    230,    Ch.    135,    1907. 

§  7624.  Bond  of  Depository.  The  board  of  county  commissioners 
may  require  a  good  and  sufficient  bond  from  each  depository  designated 
by  it  as  its  agent,  and  such  agent  shall  be  required  to  file  a  statement  with 
the  county  auditor  on  or  before  the  first  day  January,  April,  July  and 
October,  showing  the  number  and  kind  of  books  sold  by  him,  and  the  num- 
ber and  kind  of  books  on  hand  in  such  depository  on  the  last  day  of  the 
preceding  month,  and  all  money  due  the  county  by  such  depository  shall 
be  paid  into  the  county  treasurer  at  the  time  of  filing  such  statement.  The 
county  auditor  shall  supply  each  depository  with  proper  blanks  for  making 
such  report. 

Source:      §    231,    Ch.    135,    1907. 

§  7625.  List  of  Books  for  Each  School.  The  county  text  book  com- 
mittee shall  furnish  a  printed  list  of  books  adopted,  designating  the  retail 
price  of  each,  and  supply  one  or  more  copies  to  each  school  corporation 
and  to  each  depository.  The  secretary  or  clerk  of  each  school  corporation 
shall  post  such  price  list  in  each  room  under  his  supervision. 
Source:      §    232,    Ch.    135,    1907. 

§  7626.  Purchase  of  Books.  All  books  for  the  several  school  dis- 
tricts of  the  county  shall  be  purchased  by  the  county  in  compliance  with 
the  contract  entered  into  by  the  Board  of  County  Commissioners,  and 
shall  be  paid  for  out  of  the  county  general  fund.  The  County  Auditor 
shall  be  designated  by  the  Board  of  County  Commissioners  as  purchasing 
agent,  who  shall  order  and  keep  on  hand  a  sufficient  number  of  each  text 
of  books  to  supply  each  pupil  in  the  school  of  the  county,  which  books 
shall  be  furnished  to  the  pupils  free  of  cost  in  the  following  manner:  The 
clerk  of  the  school  district  board,  or  the  secretary  of  the  Board  of  Educa- 
tion, in  each  independent  district,  shall  ascertain  what  books  are  needed 
in  the  school,  or  schools,  in  his  district  from  time  to  time  and  order  the 
same  from  the  county  auditor,  who  shall  furnish  such  books.  Thereupon 
the  County  Auditor  shall  charge  the  cost  of  such  books  to  the  school  dis- 
trict ordering  the  same  and  if  the  school  district  does  not  pay  for  the 
same  at  the  time  of  ordering,  the  County  Auditor  shall  charge  the  same  to 
the  school  district  and  deduct  the  amount  from  the  first  installment  of  the 
school  fund  money  belonging  to  said  district  and  give  the  school  district 
credit  for  the  same. 

§  2.  Book  Case.  Each  school  district  board,  or  Board  of  Educa- 
tion, shall  procure  a  safe  book  case  with  lock  and  key  for  each  school  or 
department  thereof,  which  case  shall  be  placed  in  the  school  room  for 
the  proper  care  of  the  books  belonging  to  such  district,  and  when  school 
is  not  in  session  the  books  shall  be  carefully  placed  there  in  by  the  teacher. 
The  teacher  shall  be  custodian  of  the  books  belonging  to  the  district  used 
by  the  pupils  thereof  during  the  term  of  school  and  shall  see  that  the 
books  are  carefully  handled  by  the  pupils  and  preserved  in  as  good  con- 
dition as  when  placed  in  the  hands  of  the  pupils  at  the  beginning  of  the 
term,  natural  wear  considered,  and  shall  also  prevent  the  loss  of  books 
from  the  school.  Any  pupil  who  removes  a  book  from  the  school  and 
fails  to  return  the  same  or  destroys  the  book  shall  be  required  to  pay  for 
the  same  or  return  a  like  new  book  in  its  place   at  his  discretion. 

§  3.  Teachers  to  Make  Invoice  of  Books.  At  least  one  week  before 
the  close  of  school  for  the  term  the  teacher  shall  make  a  careful  inventory 

71 


of  the  books  belonging  to  such  school  district  or  department  thereof 
and  forward  one  copy  of  the  same  to  the  district  clerk,  or  secretary 
of  the  Board  of  Education,  one  copy  to  the  County  Superintendent  of 
Schools,  blanks  for  such  inventory  to  be  placed  in  the  hands  of  the  teachers 
by  the  County  Superintendent,  together  with  the  blanks  for  the  teachers' 
final  report  now  provided  by  law.  After  having  received  such  inventory 
the  district  clerk,  or  secretary  of  the  Board  of  Education,  shall  check  the 
books  at  the  school  belonging  to  the  district  with  the  inventory  made  by 
the  teacher  and  if  he  finds  that  the  teacher  has  made  an  incorrect  inven- 
tory he  shall  make  report  of  the  same  to  the  County  Superintendent  of 
Schools  with  correct  notations  and  may  in  his  discretion  withhold  five  per 
cent  of  the  teacher's  last  month's  salary.  It  shall  also  be  the  duty  of  the 
County  Superintendent  or  City  Superintendent  of  schools  in  independent 
districts,  to  impress  upon  the  teachers  and  pupils  of  the  several  schools  of 
the  County  the  necessity  of  properly  caring  for  and  preserving  the  books 
belonging  to  the  district.  The  inventory  of  books  above  referred  to, 
or  a  copy  thereof,  shall  be  furnistied  the  teacher  at  the  opening  of  the 
school  the  succeeding  term  and  checked  at  the  beginning  of  the  term 
with  the  books  in  the  book  case  in  such  school  room.  The  books  shall 
remain  the  property  of  the  school  corporation  and  shall  be  used  for  the 
benefit  of  the  pupils  attending  suoh  school,  and  no  books  shall  be  removed 
from  the  district  for  any  purpose  whatever  without  the  consent  of  the 
school  board  or  Board  of  Education,  and  any  person  who  removes  any 
such  book  or  books,  from  the  school  district  without  authority  from  the 
school  board  and  a  promise  to  return  the  same  at  a  specified  time,  or  if 
removed  upon  such  authority  fails  to  return  the  same,  shall  be  guilty  of 
theft  and  upon  conviction  shall  be  punished  accordingly. 

§  4.  The  County  Auditor  shall  ascertain  the  needs  of  the  schools 
of  the  county.  He  shall  call  to  his  assistance  the  County  Superintendent 
and  also  the  City  Superintendent  of  Schools  within  the  county,  or  the  sec- 
retary of  the  Board  of  Education  in  independent  district  within  the  county, 
who  shall  consult  the  school  district  boards  and  ascertain  what  books  are 
needed  to  meet  the  needs  of  the  district,  and  the  school  district  board,  or 
the  board  of  education  in  independent  districts,  shall  purchase  such  books 
as  are  in  in  good  condition  and  which  the  pupils  wish  to  dispose  of  and  the 
same  shall  be  the  property  of  the  district  and  be  a  part  of  the  free  text 
book   supply   for   such   districts. 

§  5.  Contagious  Diseases  in  School.  If  any  contagious  disease  such 
as  smallpox,  scarlet  fever,  diphtheria,  infantile  paralysis,  or  other  trans- 
mittable  disease,  breaks  out  in  the  school  by  which  it  is  necessary  to 
close  the  school,  it  shall  be  the  duty  of  the  school  board,  or  the  Board 
of  Education,  before  such  school  is  opened  again  to  thoroughly  fumigate 
the  room  and  text  books  therein  to  prevent  a  recurrence  of  the  disease 
among    the    pupils. 

§  6.  Provided,  that  in  school  districts  maintaining  a  high  school 
course,  the  Board  of  Education,  or  School  Board,  by  a  majority  vote,  shall 
upon  the  recommendation  of  their  Superintendent,  or  Principal,  adopt  all 
books  for  use  in  the  school  above  the  eighth  grade;  such  books  as  adopted 
shall  be  contracted  for  such  periods  of  time  as  the  Board  may  determine 
but  not  to  exceed  five  years,  and  the  books  shall  be  purchased  by  the 
Board  of  Education,  or  School  Board,  and  furnished  free  for  the  use  of  all 
pupils  attending  the  schools  of  such  district.  Provided  further,  that 
Boards  of  Education  in  cities  not  under  the  direct  superivision  of  the 
county  superintendent  may  purchase  texts  direct  from  the  publishers  in- 
stead of  purchasing  same  through  the  county  auditor. 

§  7.  Penalty  for  Using-  Other  Than  Selected  Books  or  Failing  to 
Furnish  Books  Free  to  the  Pupils.  Any  school  board,  teacher,  or  trustee, 
who  shall  use  or  provide  for  the  use  of  the  public  schools  of  the  state  text 
books  other  than  those  adopted  except  as  herein  otherwise  provided,  or 
that  fails  to  furnish  books  free  for  the  use  of  the  pupils  shall  be  deemed 

72 


guilty  of  a  misdemeanor  and  shall   be  punished  by  a  fine  of  not  less  than 
twenty-five  dollars   ($25.00)   nor  more  than  one  hundred  dollars   ($100.00). 
Source:     Chap.   173,   S.  L.   1919. 

§  7628.  Contract  May  be  Modified.  Books  once  adopted  or  con- 
tracted for,  under  the  provisions  of  this  article,  shall  not  be  changed  dur- 
ing a  period  of  five  years,  except  for  books  printed  by  the  state;  provided, 
that  the  county  superintendent,  upon  ithe  request  of  at  least  two-thirds  of 
all  the  school  boards  of  the  county,  may  call  a  meeting  of  the  county  text 
book  committee,  upon  notice  to  the  members  thereof  as  required  in  sec- 
tion 7621  at  which  called  meeting  the  existing  contract  may  be  modified 
as  agreed  upon  by  such  committee  and  the  publishers. 
Source:      §    235,    Ch.    135,    1907. 

§  7629.  Bribery  Prohibited.  No  school  teacher,  school  officer  or 
member  of  any  school  board  or  committee  shall  be  allowed  to  receive  any 
emolument,  in  cash  or  otherwise,  from  any  publisher  or  publishers  of 
school  books,  in  payment  for  a  vote  or  a  promise  to  vote  for  or  use  his 
influence  for  any  book  or  books  to  be  used  in  the  schools  under  his  charge. 
Nor  shall  any  agent  or  other  person  be  allowed  to  give  or  offer  any  emol- 
ument as  heretofore  described  or  promise  of  work  or  other  inducement  to 
any  teacher,  school  officer  or  member  of  any  school  board  or  committee 
for  any  vote,  or  promise  to  vote  or  to  use  his  influence  for,  any  book  or 
books  to  be  used  in  the  schools  under  his  charge.  Provided,  that  nothing 
in  this  section  shall  be  construed  to  prevent  any  school  officer  from  receiv- 
ing a  reasonable  number  of  sample  copies  for  investigation,  with  a  view 
to  obtaining  information  as  to  the  book  or  series  of  books  for  which  such 
officer  shall  cast  his  vote;  provided,  further,  that  nothing  in  this  section 
shall  be  contrued  to  prevent  any  teacher  from  obtaining  employment 
from  any  publishing  house,  in  schools  not  under  his  direct  charge.  Any 
person  violating  any  provisions  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor. 

Source:      §     236,    Ch.    135,     1907. 

§   7630.      Article    Not    Applicable    to    Certain    Corporations.      None    of 
the  provisions  of  this  article  shall  be  applicable  to  independent  school  cor- 
porations, owning  and  using  a  system  of  text  books. 
Source:      §    236,    Ch.    135,    1907. 


CHAPTER   11. 
COMPULSORY    EDUCATION 


Article  1.  Ethical   Instruction. 

Article  2.  Music. 

Article  3.  Humane  Treatment  of  Animals. 

Article  4.  Narcotics  and  Alcohol. 

Article  5.  Ordinary  Branches. 

Article  6.  Indian  Children. 


ARTICLE    1. 
ETHICAL  INSTRUCTION. 


§  7631.  Ethical  Instruction.  Moral  instruction  intended  to  impress 
upon  the  mind  of  pupils  the  importance  of  truthfulness,  temperance, 
purity,    public    spirit,    patriotism,    respect    for    honest    labor,    obedience    to 

73 


parents  and  due  deference  to   old   age  shall   be  given   by  every  teacher  in 
the  public  service  of  the  state. 

Source:      §    143,    Ch.    135,    1907. 


ARTICLE    2. 
MUSIC. 


§   7632.     General    Requirement.  §   7635.     In    Country      Schools,       Single 

§   7633.     In    Normal    Schools.  Teacher. 

§   7634.     In     Graded     Schools. 

§  7632.  General  Requirement.  The  elements  of  vocal  music  includ- 
ing, when  practicable,  the  singing  of  simple  music  by  note,  shall  be  taught 
in  all  the  public  schools  of  the  state. 

Source:      §     1,     Ch.     19,     1909. 

§  7633.  In  Normal  Schools.  Music  shall  be  taught  in  all  of  the  state 
normal  schools,  and  the  minimum  requirement  of  graduates  from  such 
schools  must  be  at  least  two  hours  per  week  for  one  school  year. 

Source:      §    2,    Ch.    19,    1909. 

§'  7634.  In  Graded  Schools.  In  all  schools  having  two  or  more 
grades,  instruction  in  music  shall  be  given  by  an  instructor  qualified  to 
teach  the  rudiments  of  music,  who  may  be  a  teacher  of  one  of  the  de- 
partments, if  qualified  to  teach  this  subject. 

Source:      §    3,    Ch.    19,    1909. 

§  7635.  In  Country  School,  Single  Teacher.  In  the  country  schools 
conducted  by  a  single  teacher,  the  elements  of  music  notation  by  vocal  and 
black  board  drill,  in  connection  with  simple  songs,  shall  be  taught.  But  no 
teacher  shall  be  refused  a  certificate,  nor  shall  the  grade  of  his  certificate 
be  lowered  on  account  of  his  lack  of  ability  to  instruct  or  sing. 

Source:      §     4,    Ch.    19,    1909. 

§  7636.  In  Normal  Institutes.  It  shall  be  the  duty  of  the  county 
superintendent  to  have  taught  annually  in  the  normal  institutes  the  ele- 
ments of  vocal  music,  by  some  competent  person,  for  at  least  twenty  min- 
utes of  each  day. 

Source:      §     231,    Ch.     135,    1907. 


ARTICLE    3. 
HUMANE  TREATMENT  OF  ANIMALS 


§  7637.  Amount  of  Instruction  Required.  There  shall  be  taught  in 
the  public  school  of  this  state,  in  addition  to  other  prescribed  branches  of 
study,  a  system  of  humane  treatment  of  animals.  Each  school  supported 
wholly  or  in  part  by  the  public  funds  of  this  state  shall  instruct  all  schol- 
ars in  the  laws  of  this  state  pertaining  to  the  humane  treatment  of  ani- 
mals, with  such  studies  on  the  subject  as  the  board  of  education  having 
supervision  thereof  may  adopt,  such  instruction  to  consist  of  not  less  than 
one  lesson  of  ten  minutes  each  during  each  week  of  the  school  year. 

Source:      §    144,    Ch.    135,    1907. 

§   7638.      Vivisection  Prohibited.      No  experiment  upon  live  animals,  to 

demonstrate   facts   in   physiology,   shall   be   permitted   in    any   school   in    this 

state. 

§   7502.     Treasurer's     Settlement. 

74 


ARTICLE  4. 
NARCOTICS  AND  ALOCHOL 


§  7630.  Character  and  Method  of  Instruction.  In  addition  to  other 
prescribed  branches,  in  all  schools  supported  wholly  or  in  part  by  public 
money,  instruction  shall  also  be  given  as  to  the  nature  of  alcoholic  drinks 
and  narcotics  and  special  instruction  as  to  their  effects  upon  the  human 
system,  in  connection  with  the  several  divisions  of  the  subject  of  relative 
physiology  and  hygiene,  and  such  subjects  shall  be  taught  as  thoroughly 
as  arithmetic  and  geography  are  taught.  Such  instruction  shall  be  given 
orally  to  pupils  who  are  not  able  to  read,  and  shall  be  given  by  the  use 
of  text  books  in  the  case  of  pupils  who  are  able  to  read. 

Source:      §    238,    Ch.    135,    1907. 

§  7640.  Text  Books.  The  text  books  used  for  the  instruction  re- 
quired to  be  given  by  the  preceding  section  shall  give  about  one-fourth  of 
their  space  to  the  consideration  of  the  nature  and  effects  of  alocholic 
drinks  and  narcotics,  and  the  books  used  in  the  highest  grade  of  graded 
schools  shall  contain  at  least  twenty  pages  of  matter  relating  to  this  sub- 
ject; but  no  book  in  which  the  required  amount  of  this  subject  shall  ap- 
pear, in  whole  or  in  part,  as  a  separate  chapter  at  the  end  of  the  book 
shall  be  considered  as  complying  with  the  requirements  of  this  statute. 
Text  books  on  physiology  in  use  in  any  schools,  not  in  accordance  with  the 
requirements  of  this  section,  shall  be  changed  for  books  satisfying  its  re- 
quirements, as  soon  as  existing  contracts  will  permit. 
Source:      §    239,    Ch.    135,    1907 

§  7641.  Neglect  and  Failure  of  School  Officers  Reported.  It  shall  be 
the  duty  of  county  and  independent  district  superintendents  and  boards  of 
all  educational  institutions  receiving  aid  from  the  state  to  report  to  the 
superintendent  of  public  instruction  any  failure  or  neglect  on  the  part  of 
school  boards,  boards  of  education  and  boards  of  all  educational  institu- 
tions receiving  aid  from  the  state,  to  make  proper  provision,  in  any  and 
all  the  schools  under  their  jurisdiction,  for  instruction  in  the  nature  of 
alcoholic  drinks  and  narcotics  and  their  effects  upon  the  human  system,  in 
connection  with  the  several  divisions  of  the  subject  of  relative  physiology 
and  hygiene,  as  required  by  this  article;  and  such  failure  on  the  part  of 
such  boards,  thus  reported  or  otherwise  satisfactorily  proved,  shall  be 
deemed  sufficient  cause  for  withholding  the  warrant  for  the  state  appro- 
priation of  school  money  to  which  such  district  or  educational  institution 
would  otherwise  be  entitled. 
Source:      §    141.    Ch.    135,    1907. 


ARTICLE    5. 
ORDINARY  BRANCHES. 


§    7fi42.      General   Requirements.  struction. 

§    7643.      Supervision      of      Private      In-        §    7644.      Method    of    Enforcement. 

§  7642.  General  Requirements.  Every  person  having  under  his  con- 
trol a  child  of  the  age  of  eight  years  and  not  exceeding  the  age  of  sixteen 
years  shall,  annually,  cause  such  child  to  regularly  attend  some  public 
school  or  private  day  school,  for  the  entire  annual  term  during  which  the 
public  school  in  the  district  in  which  such  person  resides  is  in  session, 
until  such  child  shall  have  completed  the  first  eight  grades  of  the  regular 
common  school  course  or  shall   have  completed   a  course   in   a  private   day 

75 


school  equivalent  to  the  first  eight  grades  of  the  regular  common  school 
course;  provided,  that  the  district  school  board  or  board  of  education,  as 
the  case  may  be,  may,  after  such  child  shall  have  completed  the  sixth 
grade  or  its  equivalent,  decrease  the  required  term  of  attendance  to  not 
less  than  sixteen  continuous  weeks  in  each  year  until  such  child  shall  have 
completed  the  eighth  grade  of  the  regular  common  school  course  or  its 
equivalent,  or  shall  have  reached  the  age  of  sixteen  years;  and  provided, 
further,  that  this  section  shall  not  apply  to  a  child  otherwise  instructed 
by  a  competent  person  and  for  a  like  period  of  time  in  the  branches  taught 
in  the  public  schools,  or  a  child  who  has  already  acquired  the  branches  of 
learning  taught  in  the  public  schools  or  whose  physical  or  mental  condi- 
tion is  such  as  to  render  his  attendance  at  school,  as  hereinbefore  re- 
quired, unsafe,  impracticable  or  harmful  either  to  such  child  or  others; 
provided,  further,  that  all  such  instruction  shall  be  given  only  and  entirely 
in  the  English  language. 

Source:      §     148,     Ch.     135,     1907;     Ch. 
170,    1915;    Ch.    203,    1917;    Ch.    41,    1918. 

§  7643.  Supervision  of  Private  Instruction.  All  private  school  in- 
struction and  all  private  instruction  accepted  in  lieu  of  public  school  in- 
struction shall  first  be  approved  by  the  county  superintendent,  who  shall 
exercise  supervision  over  such  schools  and  such  instruction,  and  shall  ex- 
ercise the  right  of  visitation  and  inspection  thereof  and  may  revoke  his 
approval  of  such  instruction  at  any  time:  Provided,  that  any  person  ag- 
grieved by  the  decision  of  the  county  superintendent  in  the  exercise  of 
such  supervision  may  appeal  to  the  superintendent  of  public  instruction, 
whose  decision  shall  be  final;  provided,  that  no  person  shall  be  permitted 
to  teach  in  any  private  school  any  of  the  branches  prescribed  to  be  taught 
in  the  public  schools  unless  such  person  shall  hold  a  certificate  entitling 
him  to  teach  the  same  branches  in  the  public  schools  of  this  state;  pro- 
vided, further,  that  whenever,  in  the  discretion  of  the  superintendent  of 
public  instruction,  the  scarcity  of  teachers  shall  require  it,  he  may,  during 
the  period  of  any  war  and  for  one  year  thereafter,  grant  permits  to  teach 
in  either  the  public  or  private  schools,  such  permits  to  extend  over  not 
more  than  one  school  year  and  to  be  revocable  at  any  time,  in  the  discre- 
tion of  the  superintendent  of  public  instruction. 
Source:         Ch.    41,    1918. 

§  7644.  Methods  of  Enforcement.  The  board  of  education  of  each 
independent  school  district  shall  appoint  each  year  a  truant  offcer,  whose 
duty  it  shall  be,  under  the  direction  of  such  board  or  its  superintendent, 
to  enforce  the  provisions  of  the  preceding  section:  Provided,  that  the 
county  superintendent  shall  be  ex  officio  truant  officer  for  all  other  dis- 
tricts. The  truant  officer  shall  receive  such  compensation  for  his  serv- 
ices as  the  board  of  education  may  determine.  It  shall  be  the  duty  of  the 
truant  officer,  teacher,  member  or  agent  of  such  board  of  education  to 
petition,  and  any  reputable  citizen  may  petition,  the  county  court  of  the 
county,  to  inquire  into  the  case  of  any  child  of  compulsory  school  age  who 
is  not  attending  school,  or  whose  attendance  is  irregular,  or  who  has  been 
guilty  of  habitual  truancy;  and  the  petition  shall  also  state  the  name,  if 
known,  of  the  father  or  mother  of  such  child  or  the  survivor  of  them,  and 
if  the  father  or  mother  is  not  living  or  cannot  be  found  in  the  county  or 
if  their  names  cannot  be  ascertained,  then  the  name  of  the  legal  guardian, 
and  if  there  be  none,  then  the  person  who,  in  the  judgment  of  the  court, 
is  responsible  for  the  conduct  of  such  child.  Such  petition  shall  be  veri- 
fied by  oath  upon  belief  of  the  petitioner,  and  upon  its  being  filed,  the 
judge  of  the  county  court  shall  cause  to  be  issued  a  citation  to  the  sheriff 
of  the  county  directing  him  to  bring  such  parent,  guardian  or  person  be- 
fore the  court  or  judge  and  to  summon  such  witnesses  as  may  be  neces- 
sary to  ascertain  the  facts  in  the  case,  and  if  the  court  or  judge  shall  find 
that  the  material  facts  set  forth  in  the  petition  are  true,  then  such  parent, 

76 


guardian  or  person  shall  be  fined  as  herein  provided.  It  shall  also  be  the 
duty  of  such  truant  officer  to  arrest  children  of  school  age  who  habitually 
haunt  public  places  and  have  no  lawful  occupation,  and  also  truant  chil- 
dren who  absent  themselves  from  school  without  leave,  and  place  them  in 
charge  of  the  teacher  having  charge  of  the  school  which  such  children  are 
by  law  entitled  to  attend.  The  board  of  education  shall  have  the  power,  in 
its  discretion,  to  set  aside  a  room  or  building  for  the  detention  and  in- 
struction during  reasonable  hours,  of  such  children  as  may  be  assigned 
thereto  by  the  superintendent,  principal  or  board  of  education  because  of 
habitual  truancy,  continued  violation  of  the  rules  of  the  school,  or  of 
vicious  or  immoral  habits,  and  to  pass  and  enforce  such  rules  and  to 
provide  such  teachers  and  other  agents,  and  such  equipment,  as  may  be 
necessary  to  maintain  discipline  and  give  instruction  in  the  same  branches 
as  are  provided  in  other  rooms  or  buildings.  And  it  shall  be  the  duty  of 
such  teacher  to  assign  such  children  to  their  proper  classes  and  instruct 
them  in  such  studies  as  they  are  fitted  to  pursue.  Any  school  officer  or 
person  failing  to  perform  the  duty  required  of  him  by  this  article  shall 
be  liable  to  a  fine  of  not  less  than  ten  dollars  nor  more  than  twenty  dol- 
lars for  every  such  offense. 

Source:     §     149,     Ch.     135,     1907;     Ch. 
213,    1917. 


(H.    B.    187) 
RELATING     TO     COMPULSORY     EDUCATION. 


§  1.  All  persons  between  the  ages  of  16  and  21  years  inclusive  who 
are  not  physically  or  mentally  disqualified,  and  who  do  not  possess  the  abil- 
ity to  speak,  read  and  write  the  English  language  as  is  required  for  the 
completion  of  the  fifth  grade  in  public  schools  of  this  State,  shall  attend  public 
evening  school  classes  for  at  least  eight  hours  each  week  during  the  entire 
time  that  evening  school  classes  of  the  proper  grade  shall  be  in  session  in 
the  school  district  within  five  miles  of  his  or  her  place  of  residence  or  until 
the  necessary  ability  has  been  acquired;  Provided  that  regular  attendance 
at  a  public  day  or  part-time  school  shall  be  accepted  in  place  of  attendance 
at  evening  school  classes. 

The  clerk  of  each  school  district  in  this  state  shall  at  the  time  of 
taking  the  regular  school  census,  prepare  and  deliver  to  the  County  Super- 
intendent of  Schools  a  list  of  all  persons  in  such  district  who  are  known 
or  deemed  to  come  under  the  provisions  of  this  act. 

The  State  Superintendent  of  Public  Instruction  may  also  require  any 
teachers  or  superintendent  or  clerk  of  any  school  district  board  to  prepare 
and  furnish  to  him  on  or  before  the  first  day  of  June  in  any  year  a  list 
containing  the  names  of  persons  within  their  respective  districts  who  are 
deemed  to  be  subject  to  the  provisions  of  this  act. 

The  determination  as  to  the  persons  who  shall  be  subject  to  the  pro- 
visions of  this  act  shall  be  made  by  examination  to  be  held  by  the  County 
Superintendent  or  other  authorized  person  under  rules  to  be  prescribed 
by  the  State  Superintendent  of  Public  Instruction.  The  District  School 
Board,  the  County  Superintendent  of  Schools,  and  the  State  Superintend- 
ent of  Public  Instruction  or  any  one  of  them  may  direct  any  persons  to 
take  such  examinations  and  the  failure  of  such  persons  to  take  such  exam- 
inations shall  be  construed  as  evidence  that  they  are  subject  to  the  pro- 
visions of  this  section. 

§  2.  Any  person  subject  to  the  provisions  of  Section  1  of  this  act 
who  shall  wilfully  violate  its  provisions,  shall  upon  conviction,  be  punished 
by  a  fine  of  not  less  than  twenty-five  (25)  dollars,  nor  more  than  one 
hundred   (100)   dollars,  or  by  imprisonment  in  the  county  jail  not  less  than 

77 


ten  (10)  nor  more  than  thirty  (30)  days,  or  both  such  fine  and  imprison- 
ment in  the  discretion  of  the  Court  for  each  separate  offense.  The  parent 
guardian,  or  persons  sustaining  the  relation  of  loco  parentis  of  any  person 
subject  to  the  provision  of  Section  1  of  this  act  shall  be  held  responsible 
for  the  school  attendance  of  such  person.  The  failure  to  maintain  a  regular 
attendance  during  each  school  month  at  an  evening  school  which  is  in 
session  in  that  district  shall  constitute  a  separate  offense  for  the  purpose 
of  this  section. 

§  3.  The  District  School  Board  or  Board  of  Education  of  any  School 
District  may,  and  upon  the  direction  of  the  Superintendent  of  Public  Instruc- 
tion shall,  establish  and  maintain  for  at  least  eight  hours  per  week  during 
a  period  of  25  weeks,  or  for  a  total  of  200  hours  during  the  school  year, 
evening  school  Classes  in  English,  the  fundamental  principles  of  the  Con- 
stitution, American  History,  and  such  other  subjects  as  bear  on  American-- 
ization  as  a  part  of  the  public  schools;  Provided,  that  no  district  shall 
be  required  to  maintain  a  class  for  fewer  pupils  than  a  minimum  num- 
ber to  be  determined  by  the  State  Superintendent  of  Public  Instruction. 
Such  classes  shall  be  organized  to  meet  the  needs  of  the  persons  subject  to 
the  provisions  of  Section  1  of  this  act,  and  such  classes  shall  be  held  at 
such  places  that  in  the  opinion  of  the  State  Superintendent  of  Public  In- 
trusion are  deemed  most  accessible  to  the  members  of     the  class. 

§  4.  The  District  School  Board  or  Board  of  Education  of  any  school 
district  may,  and  upon  the  direction  of  the  State  Superintendent  of  Pub- 
lic Instruction  shall,  establish  and  maintain  as  a  part  of  the  public 
schools,  evening  school  classes  in  any  subject  for  which  there  may  exist, 
in  the  opinion  of  the  State  Superintendent  of  Public  Instruction  among 
persons  over  16  years  of  age  a  sufficient  demand;  Provided,  that  no  school 
district  shall  be  required  to  establish  or  maintain  a  class  for  less  than  a 
minimum  number  of  persons  to  be  determined  by  the  State  Superin- 
tendent  of   Public   Instruction. 

§  5.  A  part,  not  to  exceed  one-half  of  the  salaries  of  teachers 
and  the  expenses  of  maintenance  of  evening  school  classes  established 
under  the  provisions  of  this  act  shall  be  paid  from  funds  hereinafter  ap- 
propriated. Such  payments  shall  be  made  only  upon  sworn  statements 
of  expenditures  for  salaries  of  teachers  and  expenses  of  maintenance 
under  rules  made  by  the  State  Superintendent  of  Public  Instruction.  No 
payments  shall  be  made  for  salaries  of  teachers  in  classes  established 
under  the  provisions  of  Section  3  of  this  act  unless  such  classes  shall  have 
been  conducted  for  the  minimum  time  therein  stated,  except  by  special 
action  of  the  State  Superintendent  of  Public  Instruction. 

§  6.  The  State  Superintendent  of  Public  Instruction  shall  make  reg- 
ulations regarding  the  examinations  prescribed  by  Section  1  of  this  act, 
shall  make  regulations  regarding  the  conditions  under  which  it  will  direct 
the  establishment  of  evening  school  classes,  shall  make  regulations  re- 
garding the  regular  attendance  required  in  the  various  sections  of  this 
act,  shall  determine  the  minimum  number  of  pupils  for  which  evening 
school  classes  shall  be  organized  and  maintained,  shall  arrange  for  State 
Supervision  of  work  done  under  the  various  school  districts  for  portions 
of  the  funds  hereinafter  appropriated,  and  shall  make  any  other  regula- 
tions necessary  to  carry  out  the  provisions  of  this  act. 

Provided  that  any  person  or  persons  more  than  21  years  of  age  and 
less  than  50,  who  do  not  possess  the  ability  to  read,  write  and  speak  the 
English  language  equivalent  to  the  requirements  for  the  fifth  grade  in 
our  State  Course  of  Study,  for  the  common  schools  may  attend  during 
good  behavior  free  of  charge  any  of  the  special  classess  established  under 
the  provisions  of  this  act. 

§  7.  The  regular  attendance  required  by  this  Act  shall  be  secured 
in  the  same  manner  and  under  the  direction  of  the  same  officers  as  is 
provided  by  law  for  the  compulsory  regular  attendance  at  any  other 
public  schools  or  classes. 

78 


§  8.  For  the  purpose  of  defraying  the  expenses  of  maintaining  even- 
ing school  classes  and  of  enforcing  the  provisions  of  this  Act,  there  is  here- 
by-appropriated out  of  any  moneys  in  the  State  Treasury' not  otherwise 
appropriated,  the  sum  of  $15,000  or  so  much  thereof  as  may  be  necessary 
for  the  purpose  for  each  of  the  fiscal  years  ending  June  30,  1920  and 
1921.  This  appropriation  shall  be  expended  by  warrants  of  the  State 
Auditor  upon  the  State  Treasurer  on  duly  sworn  itemized  vouchers  approv- 
ed by  the  State  Superintendent  of  Public  Instruction. 

§  9.  The  State  Sheriff  shall  be  ex-officio  truant  officer,  and  is  here- 
by charged  with  the  enforcement  of  the  provisions  of  this  act  as  well  as 
all  laws  of  this  state  relating  to  compulsory  attendance  of  persons  of 
school   age. 

Source:     Ch.     169,     S.     L.     1919. 


ARTICLE    6. 
INDIAN  CHILDREN 


§  7645.  Attendance  upon  United  States  §  7647.  Punishment  for  Failure  to 
Schools.  Comply    with    Demand. 

§  7646/  Duty  of  Principal  or  Super-  §  7648.  Duty  of  Sheriffs  and  Officers, 
intendent. 

§  7645.  Attendance  Upon  United  States  Schools.  Whenever  the 
United  States  erects  or  causes  to  be  erected  and  mantained  a  school  for 
general  educational  purposes  within  the  state  of  South  Dakota,  and  the 
expense  of  the  tuition,  lodging,  food  and  clothing  of  Indian  pupils  therein 
is  borne  by  the  United  States,  it  shall  be  compulsory  on  the  part  of  every 
parent,  guardian  or  other  person  in  the  state  having  control  of  any  Indian 
child  between  the  ages  of  six  and  eighteen  years,  eligible  to  attend  such 
school,  to  send  such  child  to  such  school  for  a  period  of  nine  months,  or 
during  the  annual  term,  unless  such  child  be  excused  from  attendance  by 
the  superintendent  of  schools  of  the  county  in  which  such  child  resides, 
and  a  cerificate  be  procured  showing  that  the  physical  or  mental  condi- 
tion of  such  child  has  been  or  is  such  as  to  prevent  his  attendance  at 
school  or  application  to  study  for  the  period  required,  or  that  such  child 
is  being  taught  in  a  public  or  other  school,  in  such  branches  as  are  usually 
taught  in  the  public  schools;  provided,  that  in  case  the  Uuited  States  does 
not  make  provision  for  the  free  transportation  of  such  child  to  and  from 
his  home  to  such  school,  such  child,  if  he  resides  ten  or  more  miles  from 
such  school,  shall  not  be  subject  to  the  provisions  of  this  article. 
Source:      §    1,    Ch.    136,    1907. 

§  7646.  Duty  of  Principal  or  Superintendent.  It  shall  be  the  duty 
of  all  principals  or  superintendent  or  schools  mentioned  in  the  preceding 
section,  before  attempting  to  enforce  its  provisions,  to  serve,  or  cause  to 
be  served,  a  demand  for  the  attendance  of  the  child,  naming  him,  and  also 
designating  the  school  at  which  his  attendance  is  required,  with  a  copy  of 
this  article,  upon  the  parent,  guardian  or  other  person  having  charge  of 
the  child;  and  such  parent,  guardian  or  person  shall  within  ten  days  de- 
liver such  child  at  such  school  or  to  the  principal  or  superintendent  there- 
of, or  furnish  satisfactory  proof  that  the  physical  or  mental  condition  of 
such  child  will  not  admit  of  his  attendance. 
Source:      §     2,     Ch.     136,     1907. 

§  7647.  Punishment  for  Failure  to  Comply  with  Demand.  Any  par- 
ent, guardian  or  other  person  having  the  custody  or  control  of  any  Indian 
child,  who  shall  wilfully  neglect  or  refuse  to  comply  with  the  demand 
mentioned  in  the  preceding  section,  within  the  time  specified  therein,  shall 

79 


be  deemed  guilty  of  a  misdemeanor  and,  upon  conviction  thereof,  for  the 
first  offense  shall  be  punished  by  a  fine  of  not  less  than  ten  nor  more  than 
twenty-five  dollars,  or  by  imprisonment  in  the  county  jail  for  not  more 
than  fifteen  days,  or  by  both  such  fine  and  imprisonment;  and  for  the  sec- 
ond and  each  succeeding  offense  shall  be  punished  by  a  fine  of  not  less 
than  twenty-five  nor  more  than  fifty  dollars,  or  by  imprisonment  in  the 
county  jail  for  not  less  than  thirty  days,  or  by  both  such  fine  and  im- 
prisonment. 

Source:      §§    3,    4,   Ch.    136,    1907. 

§  7648.  Duty  of  Sheriffs  and  Officers.  It  shall  be  the  duty  of  all 
sheriffs,  constables,  policemen,  town  and  city  marshals  to  take  cognizance 
of  this  article  and  assist  principals  and  superintendents  of  schools  in  car- 
rying out  its  provisions. 

Source:      §     6,    Ch.     136,    1907. 


CHAPTER  12. 
TEACHERS  REFERENCE  BUREAU 


§   7649.     Application     for     Registration.  School    Boards    and    Officers. 

§   7650.     Registration.  §    7652.     Registration       Fees,       Disposi- 

§   7651.     Information         Furnished         to  tion. 

§  7649.  Application  for  Registration.  Any  person  qualified  to  teach 
in  any  of  the  public  schools  of  this  or  any  other  state  may  make  applica- 
tion to  the  superintendent  of  public  instruction  for  registration,  and  may 
file  with  such  application  indorsements,  recommendations,  references  and 
a  copy  of  his  or  her  certificate. 

Source:      §    1,    Ch.    215,    1917. 

§  7650.  Registration.  Upon  receipt  of  such  application  and  upon  its 
appearing  to  the  superintendent  of  public  instruction  that  such  person  is 
a  fit  and  suitable  person  to  act  as  teacher  in  the  public  schools  of  this 
state,  and  upon  the  payment  of  a  registration  fee  of  one  dollar,  it  shall  be 
the  duty  of  the  superintendent  of  public  instruction  to  register  such  per- 
son on  a  list  to  be  made  and  kept  for  the  purpose,  and  to  file  the  recom- 
mendations, indorsements,  references  and  data  as  to  grade  of  certificate. 

Source:      §     2,    Ch.    215,    1917. 

§   7651.      Information    furnished    to    school    Boards    and    Officers.       It 

shall    be   the   duty   of    the   superintendent    of    public    instruction   to    aid    any 
school  board   or  officer  in  selecting   teachers,   by   furnishing  such  board   or 
officer,  upon  application,  with  information  and  copies  of  letters  of  indorse- 
ment or  reference  on  file  in  his  office. 
Source:      §    3,    Ch.    215,    1917. 

§  7652.  Registration  Fees,  Disposition.  All  registration  fees  re- 
ceived by  the  superintendent  of  public  instruction  shall  be  covered  into  the 
state  treasury,  and  shall  be  credited  to  the  "Teachers  Reference  Bureau 
Fund,"  which  is  hereby  appropriated  for  the  payment  of  all  necessary  ex- 
penses of  the  superintendent  of  public  instruction  in  maintaining  a  teachers 
reference  bureau.  Any  balance  remaining  in  such  fund  at  the  close  of 
any  fiscal  year  shall  revert  to  the  general  fund  of  the  state,  and  in  the 
event  that  a  registration  fee  of  one  dollar  be  not  sufficient  to  properly 
carry  on  such  bureau,  the  superintendent  of  public  instruction  is  author- 
ized to  increase  the  registration  fee  in  a  sum  sufficient  to  cover  the  cost 
of  maintaining  such  bureau,  not  to  exceed  the  s"um  of  two  dollars  for  each 
application. 

Source:      §     4,    Ch.    215,    1917. 

80 


CHAPTER    3. 
MISCELLANEOUS  PROVISIONS 


§    7653.  School      Year,      Month,      Week  §  7657.  Collection    of    Judgments. 

c   n„eA  »nd    Da>'    Defined.  §  7658.  Appropriation      for      Memorial 

§    7654.  Reorganization       of       City       or                              Day. 

„   „„rr  Town.  §  7659.  No    Sectarian    Doctrine. 

5    7655.  .Purchase         of         Agricultural  §  7660.  Instruction    in    Patriotism 

Lands     by     School    C  orpora-  §  7661.  Flag         on         Public         School 

„    „„r  tions.                                                                                Grounds. 

§    7655.  Publication    of    Reports.  §  7662.  Frances    Willard    Day. 

§  7653.  School  Year,  Month,  Week  and  Day  Defined.  The  school 
year  shall  begin  July  first  and  end  June  thirtieth.  A  school  month  shall 
consist  of  twenty  days,  a  week  of  five  days  and  a  day  of  five  and  one-half 
hours,  exclusive  of  intermissions.  Saturday  shall  not  be  counted  as 
school  days.  The  time  specified  as  a  "school  day"  shall  not  apply  to  pri- 
mary schools. 

Source:      §    135,    Ch.    135,    1907. 

§  7654.  Reorganization  of  City  or  Town.  In  all  cases  where  any 
city  or  town,  now  organized  and  existing  under  and  by  virtue  of  any  spe- 
cial charter,  may  adopt  the  provisions  of  the  general  law  relating  to  cities 
or  towns  and  reorganize  under  the  same,  such  reorganization  shall  in  no 
way  limit  or  affect  existing  boundaries  of  any  school  district  of  which  dis- 
trict such  reorganized  city  or  town  may  form  a  part,  and  shall  in  no  way 
affect  existing  laws  controlling  or  regulating  such  school  district. 
Source:      Ch.    62,    1909. 

§   7655.      Purchase     of     Agricultural     Lands     by  School  Corporations. 

Whenever  any  scnool  district  shall  have  made  provision  for  the  giving  of 
systematic  instruction  in  agriculture  in  its  schools,  such  school  district 
may  purchase  and  hold  agriculture  lands,  to  be  used  in  connection  with 
the  giving  of  such  instruction.  Whenever  the  land  so  selected  is  common 
school  or  endowment  lands,  it  shall  be  lawful  for  the  governor  and  com- 
missioner of  school  and  public  lands  to  convey  title  thereto  in  the  manner 
now  provided  by  law  for  conveying  title  to  school  house  sites.  And  the 
board  of  education  of  any  such  school  corporation  may  expend  money 
from  the  general  fund  of  the  corporation  for  the  purchase  of  such  lands: 
Provided,  that  no  such  corporation  shall  purchase  for  such  purposes  more 
than  ten  acres  of  agricultural  land,  nor  expend  for  the  purchase  of  such 
land  any  sum  in  excess  of  three  dollars  for  each  person  of  school  age 
enumerated  in  the  school  census  of  such  corporation  for  the  year  next 
preceding  that  in  which  the  expenditure  is  made;  provided,  further,  that 
in  no  case  shall  any  school  corporation  be  authorized  to  purchase  land  of 
value  in  excess  of  twenty-five  hundred  dollars. 
Source:      Ch.      165,     1915. 

§  7656.  Publication  of  Reports.  The  board  of  education  or  school 
board  of  each  organized  school  district,  whether  organized  under  special 
charter  or  as  an  independent  school  district,  or  otherwise,  is  required  to 
publish  in  such  newspaper  as  may  be  selected  by  the  district  board,  a 
statement  of  the  receipts  and  expenditures  of  such  district  within  twenty 
days  after  the  end  of  each  fiscal  year,  which  statement  shall  include  the 
amount  of  money  received,  the  amount  paid  for  teachers,  repairs  and  inci- 
dentals, the  amount  on  hand  and  in  what  bank  deposited.  Such  statement 
shall  be  published  annually,  in  two  consecutive  issues  of  such  newspaper, 
and  the  cost  of  such  publication  shall  be  paid  for  out  of  the  general  fund 
of  such  district. 

Source:     Ch.     173,     1915. 

81 


§  7657.  Collection  of  Judgment.  Whenever  a  final  judgment  shall 
be  obtained  against  any  school  corporation,  the  board  thereof  shall  levy  a 
tax  upon  the  taxable  property  in  the  corporation  for  the  payment  thereof, 
and  such  tax  shall  be  collected  as  other  school  taxes,  but  no  execution  shall 
issue  against  any  school  corporation.  Such  tax  or  taxes  shall  not  be 
greater  than  two  per  cent  in  any  one  year,  and  any  surplus  fund  in  the 
treasury  of  the  school  corporation  may  be  appropriated  to  the  payment  of  a 
judgment.  If  the  school  board  refuse  or  fail  to  levy  such  tax,  the  judg- 
ment creditor  may  apply  to  the  board  of  county  commissioners,  who  shall 
cause  such  tax  to  be  levied  upon  the  property  of  the  school  district.  When 
collected  it  shall  be  paid  over  by  the.  county  treasurer  to  the  judgment 
creditor,  whose  receipt  therefor  shall  be  delivered  the  same  as  money 
to  the  treasurer  of  the  school  corporation  by  the  county  treasurer.  Such 
levy  may  be  repeated  until  the  judgment  is  paid. 

Source:      §    75,    Ch.    135,    1907.  of    its    territory    into    several    districts. 

Duty    to     levy    tax    for    purposes    of  Security    State    Bank    v.    Cavour    School 

paying    judgment    against    school    dis-  Dist.,   38   S.   D.    216,    160   N.   W.    850. 
trict    on    bonds    issued   prior   to   division 

§  7658.  Appropriation  for  Memorial  Day.  All  boards  of  education 
and  district  school  boards  are  authorized,  in  their  discretion,  to  appro- 
priate funds  for  the  purpose  of  defraying  the  necessary  expenses  of  a 
proper  observance  of  Memorial  Day  each  year. 

Source:      Ch.    187,    1907.  ■. 

§  7659.  No  Sectarian  Doctrine.  No  sectarian  doctrine  may  be  taught 
or  inculcated  in  any  of  the  public  schools  of  the  state,  but  the  Bible,  with- 
out sectarian  comment,  may  be  read  therein. 

Source:      §    203,    Ch.    135,    1907. 

§  7660.  Instruction  in  Patriotism.  In  every  educational  institution 
in  this  state,  whether  public  or  private,  one  hour  each  week  in  the  aggre- 
gate shall  be  devoted  to  the  teaching  of  patriotism,  the  singing  of  patriotic 
songs  the  reading  of  patriotic  addresses,  and  a  study  of  the  lives  and  his- 
tory of  American  patriots.  It  shall  be  the  duty  of  all  instructors,  and  of 
all  school  officers  and  superintendents,  to  enforce  the  provisions  of  this 
section  and  any  person  who  shall  fail,  neglect  or  refuse  to  enforce  its  pro- 
visions shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  of  not  less  than  five  nor  more  than  one 
hundred  dollars,  or  by  imprisonment  in  the  county  jail  not  less  than  five 
nor  more  than  thirty  days,  or  by  both  such  fine  and  imprisonment.  It 
shall  be  the  duty  of  the  superintendent  of  public  instruction  to  revoke  the 
certificate  of  any  instructor  in  any  school  in  this  state,  who  shall  fail, 
neglect  or  refuse  to  enforce  the  provisions  of  this  section. 

Source:      Ch.    39,    1918. 

§  7661.  Flag  on  Public  School  Grounds.  All  boards  of  education  and 
school  boards  are  authorized  and  required  to  erect  and  maintain,  upon  each 
public  school  building  or  upon  the  grounds  surrounding  the  same,  a  good 
and  sufficient  flagstaff  or  pole,  together  with  all  necessary  appliances,  and 
to  provide  a  United  States  flag  of  not  less  than  three  by  five  feet,  which 
shall  be  floated  from  such  flagstaff  or  pole  during  the  school  hours  of  each 
school  day,  except  when  a  violent  storm  or  inclement  weather  would  de- 
stroy or  materially  injure  such  flag.  The  expense  of  erecting  and  main- 
taining the  flag,  as  provided  herein,  shall  be  paid  as  other  incidental  ex- 
penses of  the  school  corporation. 
Source:      Ch.    189,    1913. 

§  7662.  Frances  WUlard  Day.  The  twenty-eighth  day  of  September 
or  the  school  day  in  each  year  nearest  that  date,  shall  be  designated  as 
"Frances   Willard  Day,"  and  in  every  public  school   in  the  state   one  quar- 

82 


ter  of  the  school  day  shall  be  set  apart  for  instruction  and  appropriate 
exercises  in  patriotism,  civic  improvement  and  the  history  and  benefits  of 
the  prohibitory  amendment  to  the  constitution  and  the  prohibitory  laws 
of  the  state.  It  shall  be  the  duty  of  all  school  officers,  and  all  public  school 
teachers  in  the  state,  to  carry  out  the  provisions  of  this  section;  and  it 
shall  be  the  duty  of  the  superintendent  of  public  instruction  to  prepare 
suitable  material  for  the  observance  of  "Frances  Willard  Day." 
Source:     Ch.    228,     1917. 


(H.  B.   119) 
RELATING   TO   TRAINING   OF   TEACHERS. 


§  1.  There  is  hereby  appropriated  to  be  paid  out  of  any  moneys 
in  the  State  Treasury  not  otherwise  appropriated  the  sum  of  thirty  thou- 
sand dollars  ($30,000.00)  for  the  fiscal  year  1919  and  sixty  thousand  dol- 
lars ($60,000.00)  for  the  fiscal  year  1920,  for  state  aid  to  high  schools 
which  shall  maintain  a  normal  department  for  the  training  of  teachers 
with  special  reference  to  work  in  the  rural  schools  of  the  State.  The 
moneys  hereby  appropriated  shall  be  apportioned  by  the  Superintendent 
of  Public  Instruction  as  hereinafter  provided.  The  amount  of  state  aid 
apportioned  to  any  one  high  school  shall  not  exceed  the  sum  of  one  thou- 
sand   (1000)    dollars   per   annum. 

§  2.  The  Superintendent  of  Public  Instruction  may  approve  for 
state  aid,  one  or  more  high  schools  in  each  organized  county  of  the  State 
in  which  there  is  not  already  established  a  state  educational  institution 
maintaining  a  normal  department  approved  by  the  Superintendent  of 
Public  Instruction,  provided  that  not  more  than  one  high  school  in  any 
county  shall  receive  state  aid  until  an  opportunity  has  been  afforded  to 
one  school  in  every  county  in  the  state  to  comply  with  requirements  herein 
provided. 

§  3.  A  high  school  in  order  to  be  approved  for  normal  training 
must  be  a  four-year  accredited  high  school  and  must  maintain  a  course  of 
study  in  which  instruction  shall  be  given  in  pedagogy  including  methods, 
principles  of  education,  school  management  and  practice  teaching. 

The  Superintendent  of  Public  Instruction  shall  further  prescribe  the 
conditions  of  admission  to  the  normal  training  classes,  the  course  of  in- 
struction, and  the  rules  and  regulations  under  which  such  instruction 
shall  be  given. 

§  4.  The  clerk  or  secretary  of  the  board  of  education  of  any 
school  district  maintaining  a  high  school  desiring  to  obtain  state  aid  under 
the  provision  of  this  act  shall  so  notify  the  Superintendent  of  Public 
Instructon  who  shall  then  personally  by  himself,  or  by  a  properly  author- 
ized assistant,  visit  and  inspect  the  school  and  if  it  is  found  to  meet  all 
the  requirements  of  this  act  and  the  rules  and  regulations  prescribed  by 
the  Superintendent  of  Public  Instruction,  he  shall  approve  the  school  for 
state  aid  in  the  following  amount: 

(1)  A  school  enrolling  not  less  than  five  (5)  or  more  than  ten  (10) 
students  in  the  normal  training  classes  shall  be  entitled  to  the  sum  of 
five  hundred    (500)    dollars   per   annum. 

(2)  A  school  enrolling  more  than  ten  (10)  and  less  than  twenty  (20) 
students  in  the  normal  training  classes  shall  be  entitled  to  receive  the 
sum  of  seven  hundred    (700)    dollars  per  annum. 

(3)  A  school  enrolling  twenty  (20)  or  more  students  in  the  normal 
training  classes  shall  be  entitled  to  receive  the  sum  of  one  thousand 
(1000)    dollars  per  annum. 

83 


§  5.  The  State  Superintendent  shall  on  or  before  the  first  day 
of  June,  in  each  year  apportion  the  money  to  each  approved  school  and 
shall  certify  the  apportionment  for  the  several  school  districts  of  the 
state  to  the  State  Auditor,  who  shall  draw  warrants  on  the  State  Treas- 
urer in  favor  of  the  Secretary  of  the  Board  of  Education  or  Clerk  of 
school  district,  for  the  sum  so  specified  for  the  different  school  districts 
of  the  state  by  the  Superintendent  of  Public  Instruction. 

§  6.  The  appropriation  provided  for  by  this  act  shall  not  be 
deemed  to  include  the  cost  of  inspection  and  supervision  by  the  Superin- 
tendent of  Public  Instruction  but  the  expense  of  such  inspection  and  super- 
vision shall  be  paid  out  of  the  funds  of  the  Department  of  Public  Instruc- 
tion provided  for  high  school  inspection. 
Approved  March  12th,  1919. 
Source:     Ch.    182,    S.    L.    1919. 


(H.  B.   240) 
AID   TO   RURAL   AND   CONSOLIDATED    SCHOOL    DISTRICTS. 


§  1.  There  is  hereby  appropriated  out  of  any  moneys  in  the  State 
Treasury  not  otherwise  appropriated,  the  sum  of  Eighty-five  thousand 
($85,000)  dollars  for  the  fiscal  year  ending  June  30,  1920,  and  the  sum 
of  one  hundred  thousand  ($100,000)  dollars  for  the  fiscal  year  ending 
June  30,  1921,  for  the  purpose  of  aiding  and  encouraging  the  improvement 
of  educational  conditions  in  the  rural  school  districts  of  this  state.  The 
amount  herein  appropriated  shall  be  distributed  annually  to  school  dis- 
tricts which  shall  comply  with  the  provisions  of  this  law  as  hereinafter 
provided. 

§  2.  For  the  purpose  of  distributing  State  Aid  school  districts  shall 
be  classified  as  State  Rural  Schools  and  State  Consolidated  Schools. 

The  amount  herein  appropriated  shall  be  apportioned  as  follows: 
For  the  fiscal  year  ending  June  30,  1920,  Thirty  thousand  ($30,000)  dol- 
lars, for  aid  to  State  Rural  Schools:  Forty-five  thousand  ($45,000)  dollars 
for  Aid  for  State  Consolidated  Schools;  and  Ten  thousand  ($10,000)  dollars 
as  State  Aid  for  the  erection  of  Teachers'  Cottages;  For  the  fiscal  year 
ending  June  30,  1921,  Thirty-five  thousand  ($35,000)  dollars  for  aid  to 
State  Rural  Schools;  Fifty-five  thousand  ($55,000)  dollars  for  aid  to 
State  Consolidated  Schools;  and  Ten  thousand  ($10,000)  dollars  as  State 
Aid  for  the  erection  of  Teachers'  Cottages. 

§  3.  State  Rural  Schools.  For  the  purpose  of  receiving  State  Aid, 
a  State  Rural  School  is  defined  as  one  which  meets  the  following  require- 
ments: 

(a)  The  school  shall  be  in  session  at  least  (9)  months  in  the  year. 

(b)  It  shall  have  a  suitable  modern  school  building  properly  lighted, 
heated,  and  ventilated,  which  shall  comply  with  such  requirements  as  to 
specifications  and  sanitation  as  are  prescribed  by  the  Superintendent  of 
Public  Instruction. 

(c)  It  shall  provide  at  least  one  (1)  acre  of  land  for  play  grounds 
and  experiment  plats. 

(d)  It  shall  have  a  suitable  library  and  such  other  apparatus  and 
equipment  as  shall  be  prescribed  by  the  Superintendent  of  Public  Instruc- 
tion. 

(e)  It  shall  be  in  charge  of  a  teacher  of  successful  experience  holding 
a  first  grade  certificate  or  one  of  higher  grade. 

(f)  It  shall  maintain  a  regular  course  of  study  for  elementary  schools 

84 


as  prescribed  by  the  state  course  of  study,   which  shall  include  instruction 
in  elementary  agriculture  and  home  economics. 

§  4.  State  Consolidated  Schools.  For  the  purpose  of  receiving  State 
Aid,  State  Consolidated  Schools  shall  be  divided  into  three  classes: 

(1)  A  First  Class  State  Consolidated  School  is  defined  as  one  which 
meets  the  following  requirements: 

(a)  It  shall  comprise  a  district  of  at  least  eighteen  (18)  square  miles, 
and  shall  not  contain  within  its  limits  a  village,  town  or  other  municipal 
corporation. 

(b)  It  shall  provide  comfortable  means  of  tranportation  for  all  pupils 
residing  more  than  one  mile  and  one-half  from  the  school  house. 

(c)  It  shall  be  in  session  at  least  nine   (9)   months  in  the  year. 

(d)  It  shall  have  a  suitable  modern  school  building  containing  at 
least  four  (4)  class-rooms  which  shall  be  properly  lighted,  heated  and 
ventilated,  and  shall  comply  as  to  specifications  and  sanitation  with  the 
requirements  prescribed  by  the  Superintendent  of  Public  Instruction. 

(e)  It  shall  provide  at  least  three  (3)  acres  of  land  for  play  grounds, 
gardens  and  experiment  plats. 

(f)  It  shall  provide  at  suitable  library  and  such  other  equipment  and 
apparatus  as  may  be  prescribed  by  the  Superintendent  of  Public  instruc- 
tion. 

(g)  It  shall  be  in  charge  of  at  least  four  (4)  teachers,  one  of  whom 
shall  be  principal  and  shall  hold  a  state  certificate  or  one  of  higher  grade; 
the  qualifications  of  the  principal  and  other  teachers  shall  be  approved 
by  the  superintendent  of  Public  Instruction. 

(h)  It  shall  maintain  a  regular  course  of  study  for  elementary  schools 
as  prescribed  by  the  state  course  of  study,  which  shall  include  instruction 
in  elementary  agriculture,  home  economics  and  manual  training. 

(2)  A  Second  Class  State  Consolidated  School  is  defined  as  one  which 
meets  the  following  requirements: 

(a)  It  shall  comprise  a  district  of  at  least  eighteen  (18)  square  miles 
and  shall  not  contain  within  its  limits  a  village,  town  or  other  municipal 
corporation. 

(b)  It  shall  provide  comfortable  means  of  transportation  for  all  pupils 
residing  more  than  one  mile  and  one-half  from  the  school  house. 

(c)  It  shall  be  in  session  at  least  nine  (9)  months  in  the  year. 

(d)  It  shall  have  a  suitable  modern  school  building  containing  at 
least  two(2)  class-rooms  which  shall  be  properly  lighted,  heated  and 
ventilated,  and  shall  comply  as  to  specifications  and  sanitation  with  the 
requirement   prescribed   by  the   Superintendent    of   Public   Instruction. 

(e)  It  shall  provide  at  least  two  (2)  acres  of  land  for  play-grounds, 
gardens  and  experiment  plats.  " 

(f)  It  shall  provide  a  suitable  library  and  such  other  equipment  and 
apparatus  as  may  be  prescribed  by  the  Superintendent  of  Public  Instruc- 
tion. 

(g)  It  shall  be  in  charge  of  at  least  two  (2)  teachers,  one  of  whom 
shall  be  principal  and  shall  hold  a  first  grade  certificate  or  one  of  higher 
grade;  the  qualifications  of  the  prinicpal  and  other  teachers  shall  be 
approved  by  the  Superintendent  of  Public  Instruction. 

(h)  It  shall  maintain  a  regular  course  of  study,  for  elementary 
schools  as  prescribed  by  the  state  course  of  study,  which  shall  include 
instruction  in  elementary  agriculture  and  home  economics. 

(3)  A  State  Consolidated  High  School  is  defined  as  one  which  meets 
the   following   requirements: 

(a)  It  shall  comprise  a  district  of  not  less  than  twenty-five  (25) 
square  miles,  and  shall  not  contain  within  its  limits  a  municipal  corpora- 
tion of  more  than  five  hundred    (500)    inhabitants. 

(b)  It  shall  provide  comfortable  means  of  transportation  for  all 
pupils  residing  more  than  one  mile  and  one-half  from  the  school  house. 

85 


(c)  It  shall  be  in  session  at  least  nine   (9)   months  in  the  year. 

(d)  It  shall  provide  at  least  five  (5)  acres  of  land  for  play-gounds, 
gardens  and  experiment  plats. 

(e)  It  shall  provide  a  suitable  modern  school  building  properly 
lighted,  heated  and  ventilated  and  shall  comply  as  to  specifications  and 
santitation  with  the  requirements  prescribed  by  the  Superintendent  of 
Public    Instruction. 

(f)  It  shall  maintain  a  suitable  library  and  such  other  equipment  and 
apparatus  as  may  be  prescribed  by  the  Superintendent  of  Public  Instruc- 
tion. 

(g)  It  shall  employ  not  less  than  four  (4)  teachers  in  grades  below 
the  high  school,  and  not  less  than  three  (3)  teachers  in  the  high  school. 
The  requirements  for  such  teachers  shall  be  prescribed  by  the  Superin- 
tendent of  Public  Instruction. 

(h)  It  shall  maintain  a  regular  course  of  study  in  the  grades  as  is 
prescribed  by  the  state  course  of  study,  and  shall  maintain  a  four  (4) 
year  accredited  high  school  course,  and  which  shall  include  instruction  in 
agriculture,  home  economics  and  manual  training. 

§  5.  Applications  For  State  Aid.  Applications  for  State  Aid  as  here- 
in provided,  both  for  State  Rural  Schools  and  State  Consolidated  Schools  shall 
be  made  to  the  County  Superintendent  of  Schools  of  the  county  in  which 
such  schools  are  located.  The  County  Superintendent  shall  forward  to  the 
Superintendent  of  Public  Instruction  such  applications  as  are  indorsed  and 
recommended  by  him  together  with  the  certificate  of  the  Superintendent  of 
the  county  wherein  the  school  making  such  application  is  situated  to  the 
effect  that  such  school  has  complied  with  the  conditions  prescribed  in 
this  act. 

§  6.  Inspection  By  The  Superintendent  of  Public  Instruction..  Appli- 
cations for  State  Aid  from  State  Rural  and  State  Consolidated  Schools  which 
have  the  indorsement  and  recommendation  of  the  Superintendent  of  the 
County  wherein  such  schools  are  located  shall  be  filed  :n  the  office  of  the 
Superintendent  of  Public  Instruction,  and  prior  to  the  apportionment  of 
any  aid  under  the  provisions  of  this  act,  shall  be  duly  inspected  by  the 
Superintendent  of  Public  Instruction  or  by  a  properly  authorized  inspector. 

§  7.  Amount  and  Method  of  Apportionment.  Between  the  first 
day  of  April  and  the  first  day  of  June  of  each  year,  ithe  Superintendent  of 
Public  Instruction  shall  apportion  to  each  of  the  schools  which  have  fully 
complied  with  the  provisions  of  this  act  and  such  additional  rules  as  may 
be  prescribed  by  the  Superintendent  of  Public  Instruction,  in  the  following 
amounts:  To  State  Rural  Schools,  the  sum  of  one  hundred  and  fifty 
($150)  dollars;  to  First  Class  State  Consolidated  Schools,  the  sum  of  four 
hundred  ($400)  dollars;  to  Second  Class  State  Consolidated  Schools,  the 
sum  two  hundred  fifty  ($250)  dollars;  and  to  State  Consolidated  High 
Schools,  the  sum  of  six  hundred  ($600)  dollars;  to  any  such  school  dis- 
trict receiving  aid  under  the  provisions  of  this  act  which  does  not  contain 
within  its  boundaries  a  village,  town  or  other  municipal  corporation  and 
which  shall  erect  a  suitable  cottage  as  a  teacher's  home  according  to  the 
plans  and  specifications  approved  by  the  Superintendent  of  Public  Instruc- 
tion, the  sum  of  five  hundred  ($500)  dollars  upon  completion  of  the  build- 
ing. Provided,  however,  that  in  case  the  amount  appropriated  and  avail- 
able shall  not  be  sufficient  to  pay  the  amounts  specified  above,  then  the 
amount  available  shall  be  apportioned  pro  rata  among  the  schools  entitled 
thereto,  and  any  moneys  under  this  act  shall  be  used  solely  in  increase  the 
efficiency  of  such  schools.  Provided  that  not  more  than  one  school  of 
each  class  in  any  township  shall  receive  aid  under  the  provisions  of  this  act. 

§  8.  The  Superintendent  of  Public  Instruction  shall  keep  a  record 
showing  all  schools  applying  for  and  receiving  aid  under  the  provisions  of 
this  act,  and  shall  keep  a  detailed  account  of  all  moneys  disbursed  by  him 
for   such    purposes.      The    Superintendent    of    Public    Instruction,    with    the 

86 


approval  of  the  Governor,  is  authorized  to  prescribed  such  additional 
rules  and  regulations  as  shall  be  found  necessary  to  secure  uniformity  in 
the  administration  of  this  act,  and  shall  also  publish  and  furnish  to  each 
county  superintendent  the  requirements  for  State  Rural  and  State  Con- 
solidated Schools. 

§  9.  Payment  To  District  How  Made.  The  Superintendent  of  Public 
Instruction  shall  certify  upon  vouchers  to  the  State  Auditor  the  amount  due 
to  each  school  district  approved  for  State  Aid  under  the  provisions  of  this 
act.  The  State  Auditor  shall  draw  warrants  on  the  State  Treasurer  in  fav- 
or of  the  secretary  or  clerk  of  such  school  district  for  the  sum  so  speci- 
fied for  the  different  school  districts  of  the  State  as  certified  to  him  by  the 
Superintendent  of   Public   Instruction. 

§  10.  The  Appropriation  provided  for  in  this  act  shall  be  used  en- 
tirely as  State  Aid  to  the  different  classes  of  schools  herein  specified  and 
in  no  way  be  used  to  defray  the  cost  of  inspection  and  supervision  by 
the  Superintendent  of  Public  Instruction,  but  the  expense  of  such  inspec- 
tion and  supervision  shall  be  paid  out  of  the  funds  of  the  Department  of 
Public  Instruction  provided  for  Rural  School  and  High  School  Inspection. 
Source:     Ch.    149,    S.    L,.    1919. 


(S.    B.    59) 
COUNTY  NURSES. 


§  1.  Whenever  in  the  opinion  of  the  county  board  of  health  of 
any  county  in  this  state  it  is  necessary,  for  the  protection  and  preserva- 
tion of  the  public  health,  to  secure  the  aid  and  service  of  a  trained  nurse, 
or  nurses,  at  the  expense  of  the  county,  said  board  of  health  shall  file  with 
the  ccunty  auditor  of  such  county  a  written  application  for  the  employ- 
ment of  a  trained  nurse,  or  nurses,  and  a  statement  of  the  facts  and  con- 
ditions in  regard  to  the  public  health  upon  which  said  application  is  based 
and  such  recommendations  as  to  the  term  of  employment,  and  the  com- 
pensation to  be  paid  by  the  county  as  they  may  deem  proper,  and  in  case 
in  their  judgment  an  emergency  exists  a  demand  that  the  board  of  county 
commissioners  be  forthwith  called  to  meet  in  special  session  to  act  thereon. 

§  2.  In  counties  where  there  is  no  board  of  health  and  in  counties 
where  the  county  board  of  health  fails,  neglects  or  refuses  to  act  in 
such  matters,  twenty-five  resident  freeholders  who  are  electors  of  such 
county,  may  petition  the  board  of  county  commissioners  to  secure  the  aid 
and  services  of  a  trained  nurse,  or  nurses,  at  the  expense  of  the  county, 
and  in  case  in  their  judgment  an  emergency  exists  a  demand  that  the 
board  of  county  commissioners  be  forthwith  called  to  meet  in  special 
session  to  act  thereon.  The  board  of  county  commissioners  in  consider- 
ing such  petition  shall  give  to  it  the  same  force  and  effect  as  though 
made  by  the  county  board  of  health. 

§  3.  Upon  the  filing  of  such  application  by  the  board  of  health  or 
such  petition,  the  county  auditor  shall  forthwith  call  the  county  com- 
missioners together  in  special  session,  providing  such  demand  shall  be 
made  in  said  application  or  petition.  In  case  no  demand  is  made  for  a 
special  meeting  of  the  board  of  county  commissioners,  the  county  auditor 
shall  forthwith  notify  the  county  commissioners  of  the  filing  of  such 
application  or  such  petition,  as  the  case  may  be  and  it  shall  be  the  duty 
of  the  county  commissioners  at  their  next  regular  meeting  thereafter  to 
examine  and  consider  the  same.  If  sufficient  grounds  are  set  forth  in 
such  application  or  petition,  for  such  employment,  the  county  commis- 
sioners may  forthwith  employ  a  trained  nurse,  or  nurses,  in  accordance 
with    the    recommendations    contained    in   such    application    or    petition    and 

87 


shall  fix  the  term  of  such  employment  and  the  compensation  therefor, 
which  compensation  may  be  paid  in  whole  or  in  part  by  the  Red  Cross 
Seal  Commission  of  South  Dakota  or  other  organization  or  by  any  city  or 
town  of  such  county  and  the  remainder  or  all  of  such  compensation,  to- 
gether with  the  cost  of  transportation  of  such  nurse,  or  nurses,  within 
such  county,  shall  be  paid  out  of  the  general  fund  of  such  county,  unless 
the  commissioners  shall,  by  resolution,  provide  for  payment  from  some 
other  fund.  The  person  so  employed  shall  be  known  as  the  "County 
Nurse"  and  shall  possess  all  of  the  qualifications  now  or  hereafter  re- 
quired by  law  for  professional  regularly  graduated  and  registered  trained 
nurses  in  this  state  and  when  in  the  discharge  of  her  professional  duties 
she  shall  wear,  in  addition  to  her  usual  nurses  uniform  a  badge  or  brassard 
bearing  the  words  "County  Nurse." 

§  4.  The  board  of  county  commissioners  of  any  county  may  at 
any  time  when  in  their  judgment  and  discretion  the  public  health  and 
interests  of  such  county  will  be  benefitted  thereby,  take  the  same  action 
for  the  employment  of  a  county  nurse,  as  though  an  application  or  petition 
therefor  had  been  previously  filed. 

§  5.  The  county  nurse  shall,  in  conformity  with  the  rules  and  regu- 
lations of  the  state  board  of  health  and  medical  examiners,  perform 
such  professional  services  as  the  county  board  of  health,  or  county  com- 
missioners, shall  deem  necessary  for .  the  protection  and  preservation  of 
the  public  health  and  to  this  end  the  board  of  health  or  commissioners 
may  require  said  nurse  to  make  a  physical  examination  of  the  eyes,  ears, 
nose,  throat  and  teeth  of  any  or  all  pupils  enrolled  in  the  public  schools 
of  the  county  and  to  forthwith  confidentially  report  to  said  board  of 
health  any  cases  which  in  her  opinion  are  cases  of  tuberculosis,  infantile 
paralysis,  diptheria,  small  pox,  scarlet  fever,  measles,  chicken  pox,  or 
any  other  contagious,  communicable  or  other  disease  disclosed  by  such 
examination;  to  visit  any  private  or  sectarian  school  which  holds  itself 
out  to  the  public,  or  any  part  thereof,  for  the  education  of  children  and 
make  similar  examinations  of  pupils  or  inmates  therein  and  report  confi- 
dentially to  the  Superintendent  of  the  Board  of  Health  and  to  the  parent, 
guardian  or  legal  custodian  of  such  child;  to  visit  any  person,  or  persons, 
in  any  hotel,  rooming  house  or  family  home,  afflicted  with  tuberculosis, 
or  other  contagious  or  communicable  disease,  and  to  assist  and  direct  in 
nursing  such  person  or  persons  and  to  advise  and  direct  as  to  the  proper 
method  to  prevent  the  spread  of  such  disease,  such  visiting  in  family 
homes  to  be  with  the  consent  of  such  person,  persons  or  family,  or  upon 
the  written  order  of  the  Superintendent  of  the  County  Board  of  Health; 
to  visit  any  pest  house  or  house  of  detention  where  any  person  afflicted 
with  contagious  disease  may  be  isolated,  and  assist  and  direct  as  to  the 
proper  care  and  nursing  of  such  person,  or  persons;  to  act  as  visiting 
nurse  throughout  the  county,  or  any  portion  thereof,  and  in  gathering 
statistics  or  diffusing  information  with  reference  to  the  protection  and 
preservation  of  the  public  health. 

§  6.  When  the  county  nurse  is  not  needed  in  the  general  work  of 
the  county  she  may  be  employed  by  cities,  towns,  associations  or  private 
individuals  at  such  rate  of  compensation  as  the  county  commissioners  may 
fix  the  same  to  be  paid  to  the  county  and  placed  to  the  credit  of  the 
fund  from  which  the  salary  of  the  county  nurse  is  paid. 

§  7.  It  shall  also  be  the  duty  of  the  county  nurse  to  make  a 
confidential  written  report  in  duplicate  showing  in  full  the  services  ren- 
dered during  each  calendar  month  and  to  file  one  with  State  Board  of 
Health,  and  one  with  the  Superintendent  of  the  county  Board  of  Health 
on  or  before  the  fifth  day  of  each  succeeding  calendar  month;  such  report 
to  be  upon  blank  forms  to  be  furnished  by  the  State  Board  of  Health  and 
to  set  forth  the  number  of  visits  made  to  homes  and  schools  and  other 
visits,   if   any,   the   names   and   residence   of   persons    whom   she   believes   to 

88 


be  afflicted  with  tuberculosis  and  other  contagious  and  communicable  dis- 
eases and  such  other  information  as  may  be  required  of  her  and  such 
recommendations  as  she  shall  deem  advisable. 

§  8.  That  it  shall  be  unlawful  for  any  person,  or  persons,  to  refuse 
to  receive  such  county  nurse  into  private  homes,  schools,  or  other  places 
when  in  the  discharge  of  her  official  duties  as  such. 

§  9.  That  any  person  violating  any  of  the  provisions  of  this  act 
shall  be  guilty  of  a  misdemeanor. 

Source:      Ch.    149,    S.    L.    1919. 


S9 


INVENTORY   OF   PROPERTY   BY   SCHOOL    OFFICERS 

§  7048.  Duplicate  Inventories  of  All  Public  Property  Required  of  All 
Officers,  How  Made  and  Filed.  Every  state,  county,  municipal,  township 
or  school  officer,  including  the  officers  and  employes  of  each  state  institu- 
tion and  department  having  in  his  custody  any  public  personal  property  of 
any  kind  or  nature,  shall  annually  on  the  first  day  of  July  or  within  ten 
days  thereafter,  make  in  duplicate,  an  inventory  of  all  such  public  personal 
property,  livestock,  machinery,  vehicles,  tools,  apparatus,  books,  furniture 
and  other  office  supplies,  including  articles  intended  for  use  such  as  cloth- 
ing, fuel,  provisions,  farm  products,  medicines  and  chemicals,  which  inven- 
tory shall  show  the  cost  price  of  each  item  therein,  and  when  the  cost 
cannot  be  ascertained  the  estimated  value  thereof;  shall  forthwith  file,  as 
herein  provided.  All  state  officers  and  employes  of  departments  shall  file 
the  duplicate  inventory  with  the  state  auditor;  all  officers  in  state,  chari- 
table and  penal  institutions  with  the  secretary  of  the  board  of  charities 
and  corrections;  all  officers  in  state  educational  institutions  with  the  secre- 
tary of  the  board  of  regents;  all  county  officers  with  the  county  auditor; 
all  municipal  officers  with  the  city  auditor  or  town  clerk  of  their  respective 
municipalities;  all  township  officers  with  the  clerks  of  their  respective 
townships  and  all  school  officers  with  the  county  superintendent  of  schools 
of  their  respective  counties. 

Source:  §§  1-3,  Ch.   220,   1903;   §   1,  Ch. 
293,   1913. 

§   7054.     Every  Officer  Delivers  Property  to  Successor,  Receipt  Filed. 

Every  officer  enumerated  in  the  first  section  of  this  article  shall  turn  over 
all  the  public  personal  property  in  his  possession  to  his  successor  in  office 
and  shall  take  the  receipt  of  his  successor  therefor,  and  shall  file  such  re- 
ceipt in  the  office  where  he  is  by  this  article  required  to  file  the  inventory 
of  the  personal  property  in  his  possession.  Every  officer  enumerated  in 
the  first  section  of  this  article  shall,  upon  assuming  office,  give  a  receipt 
to  his  predecessor  for  all  public  personal  property  turned  over  to  him. 

Source:    §    7,   Ch.    293,    1913. 

§   7055.     Penalty.      Any    officer    who    fails    to    comply    with    any    pro- 
vision of  this  article  shall  be  deemed  guilty  of  a  misdemeanor  and,  upon 
conviction,  shall  be  punished  accordingly. 
Source:   §   8,   Ch.   293,   1913. 

§  7056.  Civil  Liability.  In  the  event  of  the  disposition  of  any  of 
the  personal  property  above  mentioned,  by  the  respective  officers,  without 
complying  with  the  requirements  of  this  article,  such  officer  shall,  in  addi- 
tion to  the  penalty  prescribed  in  the  preceding  section,  be  liable  for  the 
value  thereof  as  shown  by  the  last  preceding  inventory,  to  be  recovered  in 
a  civil  suit. 

Source:    §    9,   Ch.    293,   1913. 

§  7053.  Property  Purchased,  Noted  in  Inventory.  When  any  person- 
al property  is  purchased  by  the  state  or  any  county,  city,  town,  township  or 
school  district,  to  be  utilized  in  pursuance  of  the  duties  of  the  office  for 
which  supplied,  a  note  shall  af  once  be  made  of  its  purchase  and  receipt  in 
the  inventory  book  for  that  year. 
Source:   §    6,   Ch.   293,   1913. 


90 


INDEX 


Page 
Abandonment     of     Consolidated 

District      57 

Accounts — 

Examination    of,    by    superin- 
tendent       15-36 

Manner    of    keeping 33 

Kept     separate     36 

Need    not    balance     36 

Open    to    inspection     37 

Advice — 

Co.    Superintendent    to    give.      16 
Affidavit — 

By     examiner     appointed     by 
county     superintendent     .  .         7 
Agriculture — 

Contests     in      19 

Annual   Election — See  Election. 
Annual    Meeting    of    Board    ...      35 
Annual    Reports — 

Board  of  education  must  pub- 
lish            53 

County    superintendent    must 

make      16 

Penalty    for    not    making.  .      13 
Information    to    be    given.      16 
District     school    treasurer    to 

prepare      46 

District    clerk's    report 27 

Secretary  of  board   of  educa- 
tion   makes     53 

Apparatus — 

Purchase    of    limited     40 

Appeals — 

Against    closing    of    schools..      32 

Made   by   petition    3  2 

Hearing     on     by     superin- 
tendent           3  2 

Order    must    be    obeyed...      32 
From    county    superintendent 
on    revocation   of   certificate.        2 
From     committee     in     attach- 
ment  of   adjacent   territory      46 

Circuit   court    47 

To   bonds   for   costs   requir- 
ed            32 

Notice    on    board    required      32 
Procedure    in    the    action.  .      33 

Supreme    court,    to    33 

Procedure    necessary     ....      33 


Page 
Appoi  n  tments — 

Institute     conductors     7 

Officers    of    new    district....      21 
Vacancies    on    district    boards      27 
Vacancies    of    boards    of    edu- 
cation           4S 

Apportionment — 

Money — County  general   fund 
by  county  superintendent .  16-19 

When    made 16 

County    treasurer,    duty    of      19 
Property  and  indebtedness  in 

division    of    district    22 

Assessors — 

List  of  property  furnished  to 

clerks,     by     35 

Associations — 

District   teachers,    encouraged 
by    county    superintendent.      15 
Attachment    of    Territory — (See 

Ind.    Districts.) 
Auditor,   Duties   of — 

Certifies  to  validity  of  school 

bonds     63 

Filing    of    officers'    bonds...      25 
May      levy      tax      for      bonds, 

when     63 

Rate  of  taxes,  determined  by      35 
B 

Blanks — 

.    Furnished    by    state    Supt. .  .  .  2 

Forms    of    2 

Furnished   by  county  Supt  to 

teachers     i 33 

Board   of  Education — 

Clerk's     bond     53 

Members     of     48 

Powers    of    49 

Qualifications     of     48 

Treasurer's    bond     53 

Township,  high    school    5S 

Vacancies,    how    filled     48 

Bonds,    Official — 

Building    contractor,    gives..  68 
Board    of   education 

Bonds    of    officers     53 

County    superintendent    gives  11 

Amount     11 

Approval     11 


92 


INDEX 


Page 
District   school   board. 
Clerks. 

Action    on    bonds,    com- 
mencement   of     2  6 

Amount    of     26 

Approval    of     2  6 

Filing    of     2  6 

Time    to    give     26 

Treasurer     25 

Amount     25 

Approval    of     25 

By  chairman  and  clerk  25 

By    superintendent     .  .  2  5 

Conditions    required    ...  25 

Not    liable,    when     25 

Time    to    give     25 

New    bond    on    re-election.  2  6 
Bonds,   School — 
District    school — 

Auditor's    certificate    63 

Building    of    houses     62 

Cancellation    of    6  i 

Certificate  by   county  audi- 
tor       64 

Destruction    of     64 

Form    of     63 

Issue  of,   limited    63 

Interest    on,    at   rate    of . .  .  63 
Liability     not     affected     by 

consolidation      56 

May   be   voted   for    6  2 

Building    of    houses     ...  62 
Funding    of    outstanding 

indebtedness     62 

Notice    of   election,    posting 

of     62 

Conditions    of    62 

Time    of    62 

Petition   for   election    ,on.  .  62 

Registration    of    63 

Sale    of    63 

Signature    of     63 

Tax   levy   for    63 

Interest    fund     63 

Limit    of     63 

Sinking    fund     63 

Terms    of     63 

Vote    necessary    to    author- 
ize        6  2 

For  cities   of  first  class — 

Ballots,    form    of    65 

Canvass   of   vote    66 

Electors     65 

Majority    vote    required.  6  6 

Officers    of     66 

Polling    place    65 

Cancellation    of    67 

Election    for    65 

Form    of     65 


Page 

Interest   on,   rate   of    66 

Limit   of  issue    66 

Purposes    of     64 

Registration    of     66 

Resolution       to      authorize 

election    required     65 

Sale   of    66 

Tax    levy    for    66 

Book   Cases — 

Board     provides,     in    case    of 

free    text    books     71 

Term    of     5 

Valid,     where     5 

Special — 

Issued    by    whom     17 

Grades    of     17 

Third    Grade- 
Fees    for     8 

Issued    by    whom     3 

Number    of,    limited    6 

Revocation    of    7 

Requirements    for     6 

Term    of    6 

Valid,     where     6 

C 
Census — 

Approval  of  by  Supt 61 

Compared    by    Supt 61 

Copy  filed  in  register  by  clerk  61 

New    census    may    be    ordered  61 

Supt.,    reports    61 

Taken    by    clerk    61 

When    taken     61 

Whom    included     61 

Center  of  School   District  defin- 
ed       33 

Certificate   of   election    24 

Chairman     of     district    board.  .  27 

Children      required       for      new 

school,    number   of    30 

City   Superintendent — 

Appointment    of     50 

Duties    of     50 

Issue   certificates    50 

May    revoke    certificates     ...  50 

Qualification    for    50 

Tenure    of    office    of    50 

Compulsory     Education     77 

General    requirements     75 

Supervision     of     private     in- 
struction        76 

Of   persons    16    to    21 77 

Method    of   enforcement    ....  77 

Of     illiterates     77 

Requirements     of     77 

Regulations      77 

Consolidated    Districts     5  4 

How     formed      54 


INDEX 


93 


Page 

May    purchase    lands     57 

Plans   and   sites   approved   by 

State     Supt 56 

Abandonment     of     5  7 

Proceedings    to    perfect    ....  55 

Book    Depositories — 

Bonds    of     71 

Selection    of     70 

Book   of    forms    2 

Certificates — Teachers — 


Fees   for — 

Disposition    of     

Life    diploma     

Provisional    state     

State    certificate     

First   Grade — 

Fees    for    

Issued   by   whom    

Qualifications    for    

Renewal    of    

Requirements    for     

Revocation    of     

Terms    of     

Where    valid     

Forfeiture  of  Certificate.... 
Life    diploma     

Examination   for    

Qualifications    for     

Secured,    how     

Subjects    required     

Valid,    how   long    

Valid,    where     

Life  Professional  Diploma.. 
State    certificate     

Examination    for    

Not    renewable,    when     .  .  . 

Qualification   for    

Renewal    of    

Revocation    of    

Subjects     required     

Secured,    how     

Valid,   how   long    

Provisional    State    (see   state) 

Primary — 

Endorsement    of     

Fees    for    

Issued    by   whom     

Requirements     for     

Renewal    of    

Revocation    of     

Valid,     where     

Second    Grade — 

Endorsement    of    

Fees    for     

Issued    by    whom     

Revocation    of    

Requirements     for     

Title  of 


7 
7 

7 
7 

8 
5 
5 
7 
5 
7 
5 
5 
7 
3 
6 
4 
4 
4 
3 
3-4 
1 
4 
6 
7 
4 
7 
7 
4 
4 
4 
4 

5 

8 
5 
6 

7 
7 
6 

5 
8 
5 
7 
5 
5S 


Page 

Transportation    of    pupils....  56 

Contagious    disease     16 

Contests,     Industrial     19 

County  Text   Book   Committee — 

Adopt    text    books     72 

Limitation    on     72 

Term     of     70 

Chairman    of 60 

Duties    of    

Furnish  printed  list  of  books  71 

Meeting    of     70 

Membership    of     6  3 

Notice  of  meeting   of    70 

Provide  free  text  books,  when 

Quorum,    defined     70 

Secretary    of     70 

Supt.,     reports     annually.  .  70 
County  Judge — 

Tries     violators     of     truancy 

law      76 

County   Commissioners — 

Appropriate      for      industrial 

contests     19 

Contracts    for    text    books...  70 

Provision    of    contract    70 

Levy    tax,    when    35 

Levy    general    school    tax    .  .  35 
County   General   School   Fund — 

Apportionment    of     16-19 

How     derived     19 

County    Nurses     87 

County    Superintendent — 

Advice,    to    give     16 

Administer     oaths      16 

Annual    Exhibit     19 

Annual    report     16 

Apportionment        of       school 

fund      16 

Appoint    to    fill    vacancies 

school     district    officers...  25 

Bond,    official,    gives     11 

Calls    election    for     organiza- 
tion of  independent  district  45 

Census    reports    16 

Close    schools     16 

Compares    census     61 

Continuance     of     school,     or- 
ders       32 

Deposit   fees,    shall    8 

Deputy,   may  appoint    13 

Documents    and    books,    must 

preserve     14 

Duties   of — 

Encourage    institutes,    etc.  15 

Examines     officer's     acc'ts.  15 
File    certified    statement    of 

examination    of    accounts  15 

Expenditures     12 

Election    of    H 


94 


INDEX 


Page 

Eligibility    of     11 

Filed   with   auditor    12 

Forfeiture      for      failure      to 

make    annual    report     ....  16 

Grants    8th    grade    diplomas.  41 

Industrial    Contests,    holds..  19 
Institute,  holds,  see  institutes — 
May    withhold    district   school 

money,    when     35 

May      excuse      Indian      child 

from   school    79 

Member     county     text     book 

committee     69 

Music,    must    provide    for    in 

institute     7  4 

Must    deposit    all    fees    8 

Must   file   plat   of  county    ...  15 

Must    give    advice     16 

May   not   hold   other   office..  1 '. 

Medium     of     communication.  16 

Meetings    of    1 

Mileage    allowance    12 

New  bonds  for  school  officers 

May    require     26 

New  census,   may  order    ....  61 
Notifies   chairman    of   correct- 
ness   of    reports     37 

Notifies     clerk      of      teachers' 
failure    to    attend    District 

Institute      39 

Oath    of    11 

Office    of,    may    provide    ....  14 
Organize    county    into    teach- 
ers'   Institute    Districts     .  .  15 
Penalty  for  failure  to  visit  a 

school     14 

Prohibition    on     12 

Provide    poll    and    tally   lists.  24 

Qualifications   of    11 

Report    of    Co.    Auditor 20 

Reports         for         arbitration 

board     45 

Repairs,    may    order    16 

Reading       Circle — See       Con- 
ducts   annual    examination.  15 

Reports    enrollment     15 

Records    must    keep — 

Applicants     for    certificates  15 
Apportionment  of  state  and 

county    funds     15 

Attendance      at      Teachers' 

Institutes      17 

Certificates    issued     17 

Official    acts     15 

Statistical      records,      must 

keep     14 

Teachers    employed     15 

Salary     12 

Sign    name    in    register    ....  14 


Pags 
Statistics,     furnish       commis- 
sioner       15 

Stationery        and        printing, 

county   must   provide    ....  11 

Supervises   schools    15 

Teacher's    certificate    of    visit 

required     14 

Term    of    12 

Traveling   expense   of    12 

Serves    as    truant    officer. ...  76 

Visits    district    schools    15 

Vacancy,    how    filled     12 

County   Treasurer — 

Duties  of,  in  case  of  division 

of    districts     2  2 

Report    to    superintendent    .  .  19 

Course   of   Study    40 

Additional    subjects,    how    se- 
cured       40 

Studies     required     40 

D 

Defacement  of  property    41 

Dictionary   must   be    provided.  .  40 
Diploma — 

Eighth   grade — by   Co.    Supt. .  41 

Disturbance    of    Public    School.  40 
Districts,    School — 

Defined     20 

Division    of     21 

Money    may    be    withheld, 

when      3  5 

Named,    how    21 

Plat    of     21 

Public    Meetings     67 

Township,    shall   remain    ....  20 

Boundary,     not     changed..  20 

Boundary,    how   formed    .  .  22 
Separation       from       larger 

district      21 

District  School  Board — 

Allow      public      meeings      in 

school    house    67 

Annual    meeting    of     3  5 

Assign   pupils   to   schools    ...  38 

Assist   teacher    33 

Attend    officers'    meetings     .  .  15 

Buildings    may    be    leased    by  30 
Chairman — 

Duties    of    27 

Salary   of    28 

Clerk — 

Census  taken  by 61 

Draw  and   sign   warrants..  28 

Duties      27 

List   of   property   furnished 

by  assessor  to    35 

Minutes    of    meeting,    kept 

by     35 


INDEX 


9  5 


Page 
Notify  auditor  of  tax  levy  3  5 
Prepare  annual  report...  35 
Salary 28 


paid     

make    

(Teachers')  . 
majority      of 


29 
31 
31 


When    not 
Contracts    may 

Condition    of 

Signed    by    a 
board     .  .  . 

Control    property     30 

Direct      removal      of      school 

house     

Discontinue    school,    when... 

Dismiss    teachers     

Election    of 

Electors    may    instruct    

Employ  teachers    

Expel    or    suspend    pupils    . .  . 

Fuel,    provided    by    

Levy    tax     

Locate    schools     

Majority    have    authority     .  . 

of     

of,    may   not    teach, 


31 


33 
32 
31 

25 
32 
31 
33 
31 
35 
30 
27 
27 


Meeting 
Members 

when      2  9 

Must      make      inventory      of 

property     89 

Organize    school     30 

Personnel    of 25 

Powers   and   duties — 

Admit    pupils    from     other 

schools    32 

Presiding    officers    of    27 

Prohibition    on     29 

Provide   dictionary    40 

Provide    register    40 

Purchase    property    3  4 

Purchase    apparatus     40 

Qualification      2  5 

Repairs  ordered  by 31 

Settle   with   treasurer    36 

Schools    must    be    continued, 

when     32 

Special   meetings   of  electors.  24 

Temporary   officers    23 

Treasurer — 

Annual    report   of    28 

Bonds    of    25 

Draw    money    from    county 

treasurer     28 

Endorses     warrants,     when 

short   of  funds    28 

Registration     of     23 

Notifies  holder  of  warrants  28 

Pay    warrants    28 


Salary   of    

When    not    paid    

District   Teachers'    Institutes — 

Compensation     for     attending 
County   divided   into   districts 


28 
29 


39 


Pago 
Limitation       of      number      of 

meetings     3  9 

Penalty  for  failure  to  attend  3  9 
Rinding    circle    work,    a    part 

of     39 


E 

Eighth  grade  graduates,   tuition 
Elections — 

Annual     

Certificate     of     election.  .  . 

Clerk    of     

Date  of 

Electors   to   vote    ........ 

Judge    of    

Notice    for,    posting   of.... 

Opening  of  polls,   time   of. 

Patrons    instruct    board    .  . 

Polls  remain  open,  time  of 

Tie   election,   disposition   of 

Voting  by  ballot    

Board     of     Education,     inde- 
pendent   district     

Conduct   of   election    

Notices    of    

Nomination 

Returns    of 

Withdrawal 
Bonds,    school 

Records       of, 

auditor     

Of   new   officers    

Organization    of     independent 

district,    for    

Removal   of  school  house,  for 
Township    high    school,    for.  . 

Emoluments — 

Teachers   prohibited   from   re- 
ceiving      

Endorsement — 

Of  certificate    

Of  warrants    


of  candidates 
election  .... 
of    candidates 

filed      with 


41 

23 
-52 
23 
23 
81 
23 
23 
25 
24 
23 
24 
23 

48 
51 
51 

51 
52 
52 
62 

63 
26 


58 


75 

5-o 
28 


Examinations — 

Expenses  for,  how  paid    .... 

Fees    for     

Held   by  state  Supt 

Life     diploma     

Questions    for,      prepared    by 

state    superintendent     .... 

Reading    circle     

Regulations    for     

State    certificates    

Teachers'    county    certificates. 
Time   of  holding    17 

Teachers    draw    pay,    while 
attending     7 

Examining    Committee     50 

May     be     appointed     by     Co. 


10 

10 

4 

17 


96 

Fxaminer- 

Supt. 


INDEX 


Page 

7 


Page 
49 


F 


Aid 


of    

be  provided  .... 
on  school  houses 
Certificate    


Federal 
Fees — 

Certificates 

Disposition 
Fences  must 
Flags,  U.  S., 
Forfeiture    of 

Francis   AVillard    Day    

Free   text   books    

H 

High   Schools — 

Accredited    to    higher   institu- 
tions      

Establishment    of     

Inspection    of     

Township      

Holidays — defined     

Humane   treatment   of   animals. 

I 
Indian    Children — 

Education    of     

Age    limit    

Duties    of    peace    officers .... 
Demand    for   attendance    .... 
Excused    on    account    of    dis- 
tance       

Excused    by    county    superin- 
tendent,   when     

Penalty  for  failure  to  send.  . 

Period  of  required  attendance 

Independent    School    Districts — 

Attachment    of    adjacent   land 

Bible   may  be  read    

Board  of  education  of  .... 
Bonds,  see  school  bonds  .  . 
body    


7 
7 
37 
82 
40 
82 
71 


1 

43 
1 
5  9 
38 
74 


79 
7S 
SO 
79 

79 

79 
79 

79 

46 
82 
4S 
62 
47 


Coroporate 

Election    in    48-51 

Clerk    of    49 

Bond    and     oath,       filing 

of     53 

Compensation    of     49 

Committees,   appointed..  49 

Compensation    of    49 

Duties   of    53 

Election    of     49 

Report   by    53 

Examining    committee     50 

Expenditures — limitation      of  49 

High  school, .  established  by  49 

How    governed    60 

Meetings   of    60 

Membership     of     48 

Organize   graded   school    .  .  49 

Organization    of     48 

Oaths    of    48 


53 
48 
81 
81 
53 
53 


15 

17 

17 

2 

38 


Levy    taxes    

President    of     

Term    of    

School    year     

Site,    may   take   land    for    .  . 
Treasurer    of    

Bond    and    oath    of    

Reports    by     5  4 

Institutes — 

Annual — must  be  held  .... 
Additional  appropriation  for 
Certified   statement   from 

conductor     

Conductors     of     

District     

Joint    county     17 

Rules    for     17 

Inventory — By    Officers     89 

J 

Judgments      82 

L 

Lands — 

School    boards    may    purchase 
for    agricultural    purposes.      81 

Life    Diploma     3 

Loss   of  Pay — 

Failure  to   attend  district   in- 
stitute            39 

No     loss,     attending     examin- 
ation              7 

No   loss,   while  attending   dis- 
trict   meetings     39 

M 

Meetings — 

Board     of    education     48 

Conductors    of    institutes    ...  2 

County  Text  Book  committee  70 

County    superintendents     ...  2 

District    school    officers    ....  35 

Memorial   Day,    observed    82 

Moral     Instruction     73 

Music — must  be   taught    74 

N 

Normal    Institutes     17 

Narcotics   and  Alcohol    75 

Failure    to    teach    reported..  75 

Methods  of  instruction  under  75 

Penalty   for    failure    to   teach  7  5 

Textbooks    required     75 

Notices — 

Beginning     of     school,     by 

teachers     3  9 

Examination    of    teachers     .  .  7 
O 

Oaths — 

Administered    by    Supt 16 

By    officers    of   districts    ....  29 

Filing    of,    by    officers    26 


INDEX 


97 


Page 

Taken   by — 

All    school    officers    25 

Superintendent      11 

Officers — District — 

Annual  meeting   of    3  5 

How    called     15 

Mileage    for    dist.    traveled  15 

Duties   of — 

Chairman     27 

Clerk     27 

Treasurer     28 

Treasurer     must     keep     ac- 
counts       3  6 

Must    submit    records    to    in- 
spection   of    Co.    Supt 3  7 

Per    diem    allowed     15 

Teachers    may   attend    ....  15 

Incapacity    of     27 

Ordinary    Branches    Required.  .  7  5 
P 

Patriotic    Instruction     8  2 

Patrons —  ( Electors )  — 

May  instruct   the  board    ....  31 
May    petition    for,    certain 

teacher    : 32 

Penalties — For — 

Defacement    of    property     ...  41 

Disturbing    of    school    40 

District    board,     not     heeding 
petition   for  engagement  of 

certain    teacher     32 

Failure  to  provide  teaching  of 

physiology      40 

Failure  to   send    Indian   child 

to    school     7  3 

Failure   of    Co.    Supt.   to   visit 

school     14 

Failure  of  Co.  Supt.  to  make 

annual    report    16 

Non-attendance  of  teachers  at 

district    meetings     39 

Officers    not    making    of    an- 

ual    report     29 

False    report     29 

Wilful   destruction   of  records  29 
1  'etition — For — 

Bond    election    62 

Certain    teacher     32 

.    Change     of     district     bound- 
aries    .  ■  • 2-i 

Consolidated    school    district.  5  4 

Special    meeting    of    voters..  24 

Township    high    school     ....  58 

Discontinuance    of     59 

Truancy,     investigation     ....  76 

Plans    for   school   houses    237 

Plat  for  county    14 

Physiology   and   Hygiene — 

Must    be    taught    40 


Page 
Penalty     on     failure     of     dis- 
tricts   to    provide     40 

Private     Instruction — How     Su- 
pervised             76 

Prohibition    on    teaching    73 

Public     Gatherings     in     School 

Houses     67 

Publication     of     itemized     state- 
ment   of    treasurer     53 

R 

Kates    of   taxation — 

Ind.    city    districts     51 

Rural    districts     35 

Reading   Circle- 
Board    of    managers    10 

Encouraged     by    superintend- 
ent       15 

Examinations     15 

Officers    of     10 

Program    of    district    insti- 
tutes,   must    pertain    to    .  .  39 
Records — 

Mutilation    of,    penalty    for..  29 

Open    to    inspection     37 

State  superintendents 2 

Removal  of   School  House    ....  33 

Renewal    of   certificates    7 

Repair   of   school  house    31 

Reports — 

Biennial    reports — 

District    officers     2  J 

Must  be  open  to  inspection  37 
Approved    by    superintend- 
ent       37 

Failure  to  make  report    ....  23 

Penalty    for    False    report    .  .  29 
Independent    districts — 

Clerks,    to   make    53 

Terasurer    makes    report 

monthly      54 

Superintendent    of    public    in- 
struction        2 

Teachers — 

To    parents     38 

To    superintendents — 

Monthly      38 

Term     39 

Revocation   of   certificates    ....  7 

Appeal,   in   case   of    16 

Causes    for     ? 

County    Supt.    to    revoke....  17 

Duties   of  Supt.  in   case    ....  16 

State    Supt.    shall    revoke     .  .  16 
S 

Salaries — 

Board    of    education    49 

County    superintendent     ....  13 

Deputy    county   Supt ,1*3 


98 


INDEX 


Page 

District   school    board    28 

Must    qualify    before   paid    .  .  2  6 

Saturday   not  a  school   day.  ...  81 
Schools — 

Appeals  against  closing    ....  32 

Closed   for  teachers'   institute  3  8 
Closed  for  teachers  to  attend 

educational    associations     .  38 
Closed     for     district     officers' 

meeting     15 

Discontinuance    of    32 

May   be   closed   by   Supt 32 

School   and   Public   Lands- 
See    Education    and    School 
Lands. 
School  Boards— See  District 

School    Board. 
School   Corporations — 

Defined     23 

Every    district    a    corporation  23 

Naming    of    31 

School    District — See    District. 
School  Houses — 

Building    of    64 

Advertisement    for    bids    .  .  61 

Adjudication    of    claims    .  .  68 
Bonds     for     faithful     work 

required     68 

Requirements     and     condi- 
tions       68 

Parties      furnishing     mate- 
terial    or   labor    may    inter- 
vene       6  8 

Procedure      68 

Suit,    bringing   of    68 

Sureties    liable,    when    and 

amount     6  8 

Public    gatherings    in    67 

■""''Plans  approved  by  state  Supt.  67 

Removal    of    3  3 

Sale    of     24 

School     year,    defined 81 

School   sites    3  3 

Sectarian     doctrine,      prohibited 

in  schools 82 

Special    certificates     17 

State  Aid   For — 

Consolidated    schools     8  5 

Rural    schools    84 

Training  of  teachers  in  H.  S.  83 

State  Board  of  Education 8 

Duties      9 

Funds    for    board     10 

3 

9 

9 

8 

10 

S 


Members    of    board    . 

Officers      

Powers      

Purpose    of    

Treasurer    for    board 
Terms   of   members    . 


Page 
Studies   to  be   taught   in   public 

school      40 

State    Supervision    1 

Summer   Schools    18 

Superintendent — 

County — See    county    Supt. 
State — 

Appeals,     determined    by.  .  1 
Appoint      institute      conduc 

tors     2 

Blanks,    furnished   by    ...  .  2 

Book  of  forms,  prepared  by  1 
Books  and  papers  of  office, 

preserves      2 

Certificates    issued    by 3 

Renewal    of    7 

Revoked     by     7 

Record    of    2 

"Validated       from       other 

states     7 

Deputy      2 

Examinations,      held     by.  .  2 
Examination  questions  pre- 
pared   by    2 

Expenses    of     7 

General    authority    2 

Inspect    high    schools     ....  1 

Institute,    attended    by....  2 
May    approve    summer 

schools     18 

Meet    county    Supts 1 

Meeting    of    institute     con- 
ductors       2 

Must    approve     plans     and 
sites       for       consolidated 

districts     55 

Office    provided     2 

Opinion    given   by    1 

Plats     of     school     districts.. 

furnished    to     15 

Powers    and      duties,     how 

prescribed      2 

Records    of,    must   keep   of- 
ficial       2 

Regulations     for     examina- 
tions   prepared    by    ... .  6 
Report    of,    biennial     2 

T 

Taxes — Levy  of — 

Commissioners  levy  in  case  of 

division    of    district    22 

District    school    board    3  5 

Levied   for  school  purposes 

by    commissioners     35 

Limit    of     35 

Notice  to  county  auditor.  .  35 

Levied  by  board  of  education  5  4 

Limit    of     54 


Notice  of,   sent   to  auditor 

One  dollar  tax  on  all  electors 

Satisfy    judgments     

Township     high     school     pur- 
poses       

Teachers — 

Attend   district  meeting    .  .  . 

Classify     pupils     

Co-operation    of    board     .... 

Employment    of     

Humane     treatment     of     ani- 
mals   to    be   taught    by.  .  .  . 

Hold  examinations  and  make 
reports      

Moral    instruction,    given    by 

Notices   to    Supt 

Prohibitions    on     

Reports    made    by    

Teachers'    certificates'— see    cer- 
tificates. 
Teachers'    Contracts — 

Conditions    of     

Signed   by  a   majority  of 
board     

Must   be  in   writing    

Teachers'    Reference    Bureau 
Temporary    school    officers.  .  .  . 
Text  Books — 

Bookcase    must    be    provided 

Contracts  for 

May   be    modified    

Districts    exempted    

Purchase    of    

Selecting   of    

Depository's    bond     

Free    use    of     

Uniform     county    system.  .  .  . 
Township    High    Schools — 

Board    of    education    

Duties    of    

Levy    taxes     

Membership    of    

Meetings    of     

Salary     of     

Vacancy,   how   filled    

Corporate    name    of     

Discontinuance   of    

Election    for     


INDEX  99 

Page  page 

54           Petition     for     59 

35             Union    of    townships     59 

82      Township    High    Schools     58 

Training  of  Teachers    83 

60           Requirements   prescribed    ...  83 

State  aid  to  high   schools   for  8  3 

3S       Transportation    of    pupils     ....  30 

38           In    unorganized    districts    ...  43 

33           In    consolidated    districts....  56 
3S       Traveling    expense    of    County 

Supt '.  .  12 

7  4       Treasurer — 

See    officers — District. 

38  Trees  and   Shrubs — 
73  Planting    and    protection    of, 

39  required      37 

7  3       Truants — Officers — 

39           Appointment    and    duties    of.  7  6 

Tuition   in  high  schools    41 

U 

on       Unorganized     Counties,     Educa- 
tion       41 

3S  V 

3  3       Vacancy — 

80  Board   of  education,  how 

22                filled     48 

District    school    board,    on.  .  .  27 

7!                 Filling    of     27 

70  Vocational    Schools,    aid    to     .  .  8 
7  3       Voters — 
73           Meetings    of     24 

71  Vivisection,    prohibited     74 

70  W 

71  Warrants — 

71  Bill    to    be    presented,    before.... 

70                warrant    is    drawn    28 

Countersigned    by    chairman.  28 

5.1           Drawn    and    signed    by    clerk  28 

59  Draw    interest,    when    28 

60  Endorsement  of  lack  of  funds  28 

59  Manner    of   drawing    28 

60  Must   not    be    issued    prior    to 
60                incurring     of     indebtedness  28 

59  Register    of,    kept     28 

60  Water  Closets — 
59           Must    be    provided    and   cared 
6  J                for     31 


V 


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